A^- 



V^'. 
























,0' c " ' ^ o 




* i s \ 



.i^ ^.« 



il 




\.yi^ 



.(y c « '^ " -^ 






y<i^' 



yS^A: 



\. 



V"^-^V c^O 



-0^ 









^ S^ 









■^N^ 



?/r??:^ 



av. ^. 



-? -^ 



,#^' 






.'^' 
b" 



' * ^ s ^ .A 






.O' s 



' A. 



-? "-f^ 






^^^" 
^^% 









'^^/^ 






,*>■ 



o // 



-0' 



N G .. ^1^ 






V . -^' " ^ 







^■' ^. '. 


-^1^; 


^° .^'^ 


^^ 






•P^ 


j/ - - ^ 


_ \^' 




S i 








as r'. 














JOUHNAL- 



OF the; 



^f0ieeliij|^ III ^ffatfS 



& 



IIS THE 



5TTTnT?ni\T A ?, P.rmwmTm^^ 



^liv.imi:^ 



i!}ii^X)^i 



OF Tin' 



STATE OF MlSSISaPPl. 



AUGUST, 1 S^G 6 . 




UY ORDER OF THE CONVENTION. 



JACKSON, MISS. : 

E. M. YERGIER, STATE P BIN TEE 



1865, 



X 



1/ 






k.0- 



'm 



JOUMNAL. 



■'The Constitutional CoDvention of the State of Mississippi 
convened at the Capitol, in the City of Jackson, on Mon- 
day, the fourteenth day of August, in the year of our 
Lord, one thousand eight Inindred and sixty-five, and of 
"the independence of the United States of America, the 
ninetieth, in pursuance of a proclamation of His Ex- 
■cellency, William L. Shatjkey, Provisional Governor of 
"the State of ]\Iississippi, bearing date the 1st day of July, 
1^G5, which Proclamation is as follows : 

PEG CLAMATLGN: 

Felloic-Oithtns of the State of Mississij^l^i : 

The President of the ' United States, by virtue of the 
power vested in him by the Constitution of t1ie United States, 
has been pleased to appoint tlie undersigned ' Provisional 
Governor of the State of Mississippi, "for the pm-pose of 
enabling the loyal people of said State to organize a State 
Government, whereby justice may be established, domestic 
tranquility insured, and loyal citizens protected in all their 
rights ol life, liberty and property.'' And, to accomplish 
that object, has directed me, "at the earliest practicable pe- 
riod, to lirescribesiicli rules and regulations as may be neces- 
sary and proper for convening a Convention of Delegates, 
to be chosen by that portion of the people of said State 
who are loyal to tlie United States, and no others, for the 
purpose of altering or amending the Constitution thereof," 
so that the State may be able to resume its place in the Union. 
And being anxious to carry out the wishes ot the President, 
and to restore the dominion of civil government as speedily 
as possible, I do hereby ordain and declare as follows, to- 
wit : 

First. To avoid the delay which would necessarily occur 
from the separate organization of each county by special 
appointments of the several county officers, the persons who 
*^vercised tlie functions- pertaining to the following named 



4 PROCEEDINGS AND DEBATES IN TUTi; 

■officers, on tlic day wIigd the arcliivcs and other public pro- 
perty were taken posssession of i)y the United State?, to-wit. 
the 'J2(\ day of May, I8G5, are liereby appointed to fill thoFC 
offices in each county, to Vv'it: the office of judge of probate 
^nd clerk of the probate court, the office of slieiiff and coro- 
ner, the office of justice of the peace and constable, the office 
of board of county police, the office of county treasurer and 
collector, and assesor and county surveyor, and the sevei'al 
municipal offices of every incorporated city or town, v\diosc 
ori>-anizations have been regularly kept up. 

This general appointment of officers is not intended to re- 
voke any special appointment made by me prior to the date 
of the proclamation. And inasmuch as it is necessary that 
these several offices should be filled by incumbents who arc 
loyal to the United States Goveinmcnt, 1 reserve the power 
to remove any one wlio may be exceptional in tin's . respect, 
and I eaiMiestly invoke the loyal citizens of each county to 
give me timely and the most authentic information that can 
be procured, in regard to any officer who is obnoxious to this 
serious objection. 

Second, These several officers, before tliey en t-er n])on tlie 
discharge of the dnlies of their respective offices, shall take 
and sul)scribe theamncs y oaiii prescribed in the President's 
proclamation of the 29th May, 18;i5, and must immediately 
transmit the o;ith so taken to this office. At the end of the 
amnesty oath, after the word ''slaves," must be added th-e 
-words "and will faithfully discharge tJie duties of my office 
1,0 the best of my al)ility.'' And any one who may undcr- 
t^ke to act in his official capacity without compliance with 
1'his requisition, will suVject himself to punishment. This 
(rath may be taken before any commissioned officer, civil. 
military or naval, in the service of the United State-, or lie- 
fore the Judges of Probate hereby appoirsted, or heretofore^ 
appointed by me, after tliey shall h.;ive taken the oath them- 
selves, or before the. lud.Lze of tiie Criminal Court of Warrcii 
county. But no one can liold any of these offices who is 
exempted in the President's proclamation from the beneiit- 
■of the amnesty unless first Sj3ecially pardoned by' the Presi- 
dent. 

'j'hird. In counties which have becp. disoi-gar.ized, or 
\v];ere tlicre are no persons who can fill tlie several count^^ 
ol'tices, cither in consequeiicc of death or otherwise, special 
npi>ointments will be immecliately made, when the necessity 
for sue!! appointments shall be made known to me. 
■ Fourth. The sheriffs hereby appointed, or in case there 1>^ 



•:mississippi coxstitutioin'Al contention. & 

no slioriffs, the judge of probate, or the coroner, or any jus- 
lice of the peace, in the order in which they are Jiere placed, 
shall hold an election at the several election precincts in 
eacli county, on Monda}', the 7th day of August next, for 
•deleorates to a Convention for the purposes mentioned in the 
President's proclamation. Voters for delegates to this Con- 
vention must possess the qualifications required by the Con- 
stitution and laws as they existed prior to the 9th day of 
January, 1861, and must also produce a certificate that they 
Jiave taken, before a competent officer, the arnnosty oath 
prescribed by the proclamation of the 29th May, 1865. 
which certificate shall bo attached to, or accompanied b-^ a 
copy of the oath, and no one wnll be eligible as a member of 
this Convention wlio has not also taken this oath. The 
sheriff shall give pul)lic notice of tire election by posting ufs 
this proclamation, or other^vise. 

Fifrh. Each county and town entitled to separate repre- 
sentation, shall be entitled to be repiesented in the Conven- 
tion by the same number of representatives tliey were cnt'- 
tled to in the lower bran^li of the liegislature. prior to the 
Vith day of January. 1(S61. 

Sixth. Tlie returning officers of the election, shall give to 
tlic persons having the higliest number of votes, a certificate 
of ele^.tion. and the delegates so elected sliall assemble at the 
city .of Jackson, on Monday, ]4th day of August next, and 
•shaH organize a Convention by electing proper officers, and 
adopting necessary rules, and after takingan oath to support 
the Constitution of tlie United States, may proceed in tlie 
discharge of their duties. 

Seventh. The trustrcs of the Universify of Mississippi 
•arc required to meet at Oxford, on Monday, ihe 31st day of 
July, for the purpose of putting the institution in opci-ation. 

Eighth. Crime must be suppi-cssrd, and guiliy jicrrons 
piinislied. The conananding genei'al at this post lias kindly 
•off .'red to use tlie forces under his command for the protec- 
tion of the ]-.eoplc and for th.e apinchension of offenders 
against the law. and it is hoped tic people will give him 
timely information, and render such assistance as will enable 
)>im to carry out this laudable objcet. I would advise ilie 
people when it may become necessary, in consequence of 
iheir remoteness from a military lorce, to oi'ganize themselves 
into a county patrol, for the apprehension of offenders, who 
when arrested, if they cannot be safely confined in the 
..county, may be brought to Jackson for confinement in ilic 
anilitary prison; until tliey can be disposed of by civil la\r. 



6 l^KOCEEDIXGS' AND PP:BATES IN THE 

III taking recognizancGS, the justices of the peace will make 
them returnable to the next term of the circuit court as now 
''-taWlished by law, or that may hereafter be established by 
law. 

Probably there are some persons who have some conscien- 
fou^ srriiples about taking the amnesty oath, because they 
l)^lieve the emancipation proclamation unconstitutional. I 
allude to this subject only because I have understood ther3 
are a few such. 

Thisobjeciion certamly cannot be raised with propriety by 
such as d-^nied that they were subject to the Constitut'on of 
t'^e United States as the supreme law, when the proclamation 
w^as issued. Whether it be constitutional or not. is a ques- 
lion which tlte people haveno right to determine. The deter- 
minotion of that question rests with the supreme jndic'al 
department of the goverment Legislative bodies often pass 
unconstitutional acts, but they must be regarded as valid, 
and tliry must be obs'^rved as the law 'nn'til the proper de- 
partment of tlie government declares them void. Every 
prrsmnption is in favor of their validity, Aud itis precisely 
1 he FfiTne case with the executive acts. This proclamation 
tliei'efore must be regarded as valid until the Supreme Court 
shall decide otherwise. When it does so decide, parties will 
be absolved from the obligation of the oath. 

Perhap=^, however, parties who b'^lieve the proclamation 
vrid, areovrr-sanguine in the correctness of their opinions. 
There is a general principle in the law of nations which au- 
thorize^ one belligerent party to do towards his enemy What- 
■cver will strengthen liims'lf and weaken his enemy, limHed 
'*of course l)y the laws of hnmanity. Some writers of high 
nuth 'lity hold tliat legitimate power in war, towards an 
enemy, is co-exren«ive witii iicccesity. E^'en the deso'aling 
of a cn'.intrv niid llio JMirninG: of tovv-'ns and villao:csaro held 
to I'O jii-tinable acts in certain cases. Wlieriior these prin- 
ciples i^e broad enough to cover the takirig oP slaves, a-^ they 
-certainly are with regard to otiicr property, is not ^br m^to 
detei mine, and I mcjition them only to shov,' to tliose vrho 
ertcrtc in this opinion, that perhaps it does n-'^'t ro:~:t on as 
p^slid a fofjiidation as they imagine it does. Tlie people of 
tlie Southern States were in rebellion ; the President of the 
United Slates liacl a. right to pr -scribe terms of omnesty ; 
he lias do]ie so, and itis hoped the people will all Ciseerfuily 
take ip's on'li vvith a fixed purpose to observe it in good 
laitl). Wliy .'^hould they now hesitate or dou'vccince slavery 
has erased to be a practical question ? It was the ostensible 



MiSvSissiPPi coxsTiTCTioxAij coxve:ntiox. , «■ ,;; 

cause of the war, it vv'a.=^ staked upon tlic issue of the war 
and that issue has been decided ajzainst us, It is the pai-t of 
wisdom and of honor to subuiit without a nmrniur. Tlie 
negroes arc free, free by the fortunes of war — ^^(rce by the 
proclamation- -free by common consent — ^reo ])ractic:!liy a- 
well as theoretically, and it is t- o late to raise tfchnical 
questions as to the means by which they became so. Be- 
sides it would be bad policy now to undertake to change 
their condition if we could do so. It would l^erotliing less 
than an effort to cstablisji slavery wiiere it does not exist. — 
Therefore let us cordially unite in our efforts to ore"' nize our 
State goyernment, so tiiat we may by wise legislation, pre- 
pare ourselyes to liye in prosperity and happiness in the 
changed condition of our domestic relations. Fellows-citi- 
zens, I accept the office of Proyisional Governor in full 
view of the troubles and responsibities incident to it. I 
was acluated by no other motive than a desire to aid the 
people in organizing a civil government preparatory to the 
restoration of their harmonious relations with the govern- 
ment of the United States. Tliat I shall commit errors I 
know full well, but I know also that I shall very soon leave 
the office, and that 1 shall carry with me the consoliL'g re- 
flection that I endeavored to subserve the best interest of 
the people in this critical a.nd trying conjunction of public 
affairs. 

The people of the South have just passed ihrougii a most 
terrible and disastrous revolution, in which they have sig- 
nally failed to accomplish their purpose. Perhaps their suc- 
cess would have proved to be the greatest calamity that 
could have befallen the country, and the greatest calamity to 
the cause of ciyil liberty throughout the world. The true 
patriot finds his greatest enjoyment in the noble and pleasing 
reflection that his government is to live with an honored 
name, to shed its blessings on millions through future cen- 
turies. And as good, governments are things of growth, 
improved by the lights of experience and often by revolu- 
tions, let us hope — sad and disastrous as this revolution has 
been — that the lessons it has taught us will not be destitute 
of. value. 

The business of improving our government, if it should 
be found to need it, and of promoting reconciliation between 
the Northern and Southern people, are now prominent duties 
before us, so that we may hereafter live in the more secure 
and perfect enjoyment of the great patrimony left us by our 
fathers, and so that those who are to come after us may long. 



'S PB0CEEDi:a>3 X^D DEIiATKS IN TTFE' 

enjoy in tiicir fullest function-, the inestimable blessi^ig of 
civil liberty, the best birthrl^lit and noblest inheritance of 
mankind. 

Done at the citv of Jackson, on the first djy of July. A- 

D.. m>5. 

[L. S.] W. L. SEARKF.Y, 

By the Governor : 

Ja3. R. Yekger, Secretary of State. 



Monday, Ararsx 14th, 1865. 

At 12 o'clock M.. bis Excellency, Gov. Wm. L. Sharkey, 
called the Conve-^tion to order, when the Hon. Ja?. K, 
Yerqer, Sccteiary of State, called the roll of counties. 

The following delegates came forward, and presented the 
amnesty oath lor the inspection of tlie Governor : 

Adams— WWibm T. Martin, S. IL Lambdin. 

Jniite—D'<i\\d W. Hurst. 

Attala— Wvf^h II- Sanders, Jason Niics. 

Bolivar — 

CLdhoun—-Q\\^v]Qo A. Lewers, Eli J. Byars. 

Carroll— '^ W^T^- Homingway, John A. Binford. 

CIiichasav}—3^m(i^ M. Wallace, Allen White. 

Cho€tavj—3^mQ^ H. Dorris, Robert C. Johnson, Robei'l 
B. Wooley. 

(Jlaihome—SQ.m.Q^ H. Maui-y. 

Clarice — 

Coahoma— 

(jQjyiah—K'^^n-inv^ G. Peyton, Wm. A. Stone. 

Covmcjton—kV^^. H. Hall. 

T^^.^^^^'^^—Renben T. Sanders, Thomas S. Tate, Franklin 
J. Mai one. 

Fra7iUin—~K. R. W^ebb. 

Greene — 

Hancock— J)^m(i\ C. Stanley. 

Harrison — 

Jlincls — William Y^erger, Amos R. Johnston, George L, 

Potter. 

F(>/^«i66'— Robert H. Montgomery, J. F. Sessions. 

Issaquena— L^.wvpv^(iQ T. Wade. 

Itawamla — John M. Simonton, Braxton Cason, Wiley 
W. Gaither. 

Jai-lcson — 

Jasper — Caleb Lindse^y. 



: ISSISSIPPI CONSTITUTION-AL CONVENTION. 9 

Jefferson — Geo. P. Farley. 

Jones— "Y. G-. Crawford. 

Kemper — James S. Hamm. 

Lafayette — Ricbarcl W. Phipps, Hugh A. Barr. 

Lauderdale — Clias. E. Rushing, Peyton King, 

Laiorence — E J. Goode. 

Leahe — Dempsey Sparkman. 

Loiondes — James T. Harrison, T. C. Billups. 

Madison — Wm. McBride. 

Marion — Hamilton Mayson . 

Marshall— \N. C. Compton, J. F. Trotter, Wm. Wall, 
Laurence Johnson. 

2fonroe — Lock E. Houston, C. Dowd. 

Xesliolja — Joseph M. Loper. 

Noxuljee — Hampton L. Jarnagin, 

OMibljeha — David Pressley. 

Panola — Samuel Matthews, Lunsford P. Cooper. 

Perry — J. Prentiss Carter. 

P^>l'e— James B. Quin. 

Pontotoc — Charles T- Bond, Joseph L. Morphis, Nicholas 
Black well. 

RanJdn — Richard Cooper, John B. Lewis. 

Scott— :^. G. Ower. 

Sirnjyson — 

Smith— Kd^^YQj F. Johnson. 

Sunfoicer—Wm. McD. Martin. 

Tallahatchie — James S. Bailey. 

Tippah — J. H. Kennedy. 

Tishomingo — Wm. L. Duncan, Robert A. Hill, Benj. C. 
Rives. 

Tunica — Francis A. Owens. 

Washington — J. Shall Yerger. 

Wayne — James A. Home. 

Wilkinson — 

Winst07i — 

War7'en — Charles Swett. 

Yallobusha — James Wier, Robert M. Brown. 

YcLzoo — J. H. Wilson, R. S. Hudson. 

On motion of Mr. Cooper, of Rankin, Mr. Johnston, of 
Hinds, was appointed President, pro tern. 

On motion of Mr. Mayson, 

Mr. D. P. Porter, of Rankin, was appointed Secretary 
pro tern. 

Mr. Johnson, of Smitli, moved that the Convention pro- 



10 PROCEEDINGS AND DEBATES IN THE 

ceed to the election of permanent President, by ballot. 
"Wliicli was adopted. 
The President announced Messrs. Stone, Cooper, of Ean- 
kin, and Peyton, as tellers. 

Mr. Johnson, of Smith, placed in nomination the name of 
Amos R. Johnston, of Hinds. 

Mr. Sanders, of Attala, placed in nomination the name of 
J. Shall Yerger, of Washington. 

No other nominations being made, the Convention pro- 
ceeded to ballot, resulting as follows ; 

Mr. Yerger received 6-1 votes. 

Mr. Johnston '^ 14 " 

Mr. Cooper '' 2 '' 

Total votes cast 80 '' 

Mr. Yerger having received a majority of all the ^otes 
cast, was declared duly elected President of the Convention ; 
and on being conducted to his seat, by Messrs. Stone, 
Peyton and Cooper, thanked the Convention in appropriate 
and eloquent terms for the honor conferred upon him. 

The Convention then proceeded to the election of perman 
cnt Secretary. 

Mr. Mayson placed in nomination the name of Mr. D. P. 
Porter, of Rankin. 

Mr, Johnson, of Marshall, placed in nomination the name 
of Mr. J. L. Power, of Hinds. 

Mr. Sanders, of Attala, placed in nomination the name 
of Mr. Sam Young, of Attala. 

Mr. Houston placed in nomination the name of Mr. Hill 
ycr, of Natchez. 

Mr. Lindsey placed in nomination the name of Mr. D. A 
Dozier, of Jasper. . 

No other nominatious oeing made, the Convention prO' 
eeeded to the 

FIRST BALLOT. 

Mr. Porter received 2 L votes. 

Mr. Power " 26 " 

Mr. Youno- " IT " 

Mr. Hillyer •' 16 '' 

Mr. Dozfer ^' 1 '■ 

Total votes cast 81 '• 

Necessary to a choice o . . . . 41 " 

Neither candidate having received a constitutional major- 
ity, the Convention proceeded to the 



MISSISSIPPI CONSTITUTIONAL COXVENTION. 11 

SECOND BALLOT. 

Po^ver received 31 votes. 

Porter " 23 " 

Youno' '' 18 ''' 

Hillyer '' 9 -' 

Total votes cast 81 " 

Necessary to a choice 41 " 

Neither candidate having received a constitutional major- 
ity, the Convention proceeded to the 

THIRD BALLOT. 

PoAver received 39 votes. 

Porter " 22 " 

Young '' 16 " 

Hillyer ' 4 " 

Total votes cast 81 '' 

Necessary to a choice 41 '^ 

Neither candidate having received a constitutional major- 
ity, the Convention proceeded to the fourth ballot. 
Mr. Sanders withdrew the name of Mr. Youno*. 

o 
FOURTH BALLOT. 

Power received 47 votes. 

Porter " 32 " 

Hillyer " 2* " 

Total votes cast 81 

Mr. Power having received a majority of all the votes 
cast, was declared duly elected permanent Secretary of the 
Convention, took the oath of office, and entered upon the 
discharge of his duties. 

Mr. Johnston, of Hinds, moved that the Convention ad- 
journ until 9 o'clock to-morrow morning. 

Mr. Stone moved to amend by striking out the words/'9 
o'clock to-morrow morning,"' and inserting, "4 o'clock, p. m. 
this day." 

Which was adopted. 

"When tlie Convention adjourned until 4 o'clock p, m. 



FOUK O CLOCK, P. M. 

Tlie Convention met pursuant to adjournment. 



12 PROCEEDINGS AND DEBATES IN THE 

Mr. JolinstoD, of Hinds^ offered the following resolution^ 
which was adopted : 

Resolved, That the reporters for the press m this State and elsewhere, in 
attendance at this Convention, be permitted to occupy seats within the bar 
of the House. 

On motion of Mr. Majson, the Convention proceeded 
to the election of Sergeant-at-Arms, by ballot. 

The President appointed Messrs. Hill, Home and Comp- 
tOn, as tellers. 

Mr. Yerger placed in nomination the name of T. 0. 
McMackin, of Hinds. 

Mr. Simonton placed in nomination the name of James 
J. Denson, of Pike. 

The roll of counties being called, 

T. C. McMackin received 55 votes. 

J. J. Denson " 21 " 

Majority for T. C. McMackin .31: " 

Mr. McMackin was therefore declared duly elected 
Sergeant-at-Arms of the Convention, took tlie oath of 
office, was instructed in and entered upon the discharge of 
his duties. 

On motion, the Convention proceeded to the election of 
Doorkeeper. 

Mr. Matthews placed in nomination the name of D. K. 
Corley, of Tishomingo. 

Mr. Johnson, of Marshall, placed in nomination the 
name of W. Tradewell, of Amite. 

Mr. Yerger placed in nomination the name of Wm. J„ 
Brown, of Hinds. 

Mr. Lewis placed in nomination the name of J. C. Kob 
ertson, of Hinds. 

Upon a call of the counties, — 

FIRST BALLOT. 

Corley received , 31 votes. 

Tradewell " 15 votes. 

Brown " 31 '' 

Kobertson " 1 '' 

Total votes cast 78 " 

J^ecessary to a choice 40 " 

There being no election, the Convention proceeded to 
the 



MISSISSirPI CONSTITUTIONAL CONVENTION. 13 

SECOND BALLOT. 

Corley received 38 votes. 

Brown " 35 '• 

Traclewell^' 5 " 

Total votes cast 78 

l^ecessaiy to a choice 40 

There being no election, the Convention proceeded to 

the third ballot — Mr. Johnson, of Marshall, withdrawing 

tlie name of Mr. Tradewell. 

THIRD BALLOT. 

Brown received 42 votes. 

Corlej '' 38 " 

Majority for Brown 4 

■i|Mr. Brown was therefore declared duly elected Door- 
keeper of the Convention, took the oath of office, and en- 
tered npon the discharge of his duties. 

Mr. Malone, ot DeSoto, offered the following resohition, 
which was unanimously adopted : 

Resolved, That the Clergy of the City be invited to open the proceedings 
of this Convention each day, by invoking the blessing of an all-wise Being 
over its deliberations. 

Mr. Matthews moved that the President be authorized 
to appoint four pages for the Convention. 

"Which was adopted. 

The President appointed as said pages : Lewis Fite, Leo 
Pliillips, George Donnell and Charles E. Tolbert. 

Mr. Ilarrison offered the following resolution : 

Rcsolced, That the rules of the House of Representatives of the State of 
Mississippi, lor the year 1860, be adopted, as far as applicable for the Gov- 
ernment of this Convention. 

Mr. Lewers offered the following amendment, byway of 
additional resolution : 

Resolved, That the Secretary be requested to furnish each member of the 
Convention with a copy of said rules, as soon as practicable. 

Mr. Johnson, of Smith, moved to lay the amendment 
ojftered by Mr. Lewers upon the table, 

"Which was lost. 

Upon a division of the question, the resolution offered 
by Mr. Llarrison was adopted. 

The question recurring on tlie adoption of the amend- 
ment ofiered by Mr. Lewers, it was rejected. 



li PEOCEEDINGS AND DEBATES IN THE 

Mr. Johnson, of Smith, offered the following rcsolutio]!: 

Jiesrjlved, That a Cemmittee of be appointed by the President 

whose duty it shall be, so soon as practicable, to draft and report to tlii> 
Convention, for its action, such amendments to the State Constitution as ir 
stood on the 9th day of January, 18G1, as maybe deemed necessary for 
the future peace and welfare of the State. 

Mr. Sanders, of Attala, offered the following as a siih- 
stitute for the above resolution : 

ReBolced, That the lollowing Standing Committees be appointed by > 
President, to-wit : 

1. A Committee on Credentials and Citizenship of the 'members of this 
Convention. 

2. A Committee on State Constitution. 

3. A Committee on Federal Kelations. 

4. A Committee on Finance. 

5. A Committee on State Judicatorie.s. 

And that the said Committee inquire into matters properly belongini' 
them, and report by ordinance or otherwise. 

Mr. Simonton, of Itawamba, raised the following poin^ 
of order, to-wit : That it was incompetent for the members 
to proceed to business after the organization, until they 
had cpalified by taking the oath to support the Constitution 
of the United States, as indicated in paragraph 0th, ot the 
Governor's proclamation. 

The resolution being again read, Mr. Johnson, accepted 
the substitute offered by Mr. Sanders. 

Mr. Potter, of Hinds, moved to strike out so much of 
the resolution as provided for the appointment of a com- 
mittee on State Jurisdiction. 

Which was adopted. 

Mr. Goode, of Lawrence, renewed the point of order 
raised by Mr. Simonton ; when, 

On motion of Mr. Matthews, of Panola, the further 
consideration of the pending resolution was postponed. 

Mr. Simonton, of Itawamba, moved that the oath to 
support the Constitution of the United States be at once 
administered bv the President to the members of the 
Convention. 

Mr. Goode, of Lawrence, moved to amend so as to rc- 
cjuire each member to present his credentials. Adopted; 

The motion of Mr. Simonton, as amended was then 
adopted, and all the members qualified accordinglv. 



MISSISSIPPI CONSTITUTIONAL CONVENTION. 15 

Mr JamesA.HearcL of Clarke, presented his creden- 
tipi^ 'and was sworn in as a member of the Convention. 

Mr. Brown, of Yallolmsha, offered the following reso- 
lution : 

Resolved, That the President ot this Coaventioii proceed by Committee, 
orinsuchotheiMiiannerash.may deem appropriate, to communicate to 
Gov Sharkey, that this Convention is now duly organized, and ready to 
proceed to b.isiness, and to ascertain if he has any official communication 
t© make to them. 

^Hiich was adopted. ^^^ , .^ ^ i 

On motion of Mr. Jarnigan, of IS^oxiibee, the vote adop- 

tino^ the above resolution, was reconsidered, when he 

moved to amend the same by striking out the words, and 

to ascertain if he has any ofiicial communication to make 

to them." ^ , , ... 

Mr. Cooper, of Rankin, moved to lay the resolution 

and amendment upon the table. 

Which was adopted. 

Mr. Johnson, of Smith, called up the resolution provid- 
ino' for the appointment ot dommittees : when 

Air Stone, of Copiah, offered the following amendment: 

Amend by inserting after the word '^committee,'' the 
words, "consistino- of five delegates each.'' 

On motion of Mr. Jarnagin, the resolution and amend- 
ment was laid upon the table. ^ 

Onmotion of Mr. Yerger,^the Convention adjourned 
nntil to morrow morning, 9 o'clock. 



S E C O iS^ D DAY. 

Tuesday, August 15Tir, 1S65. 

The Convention met pursuant to adjournment. 

Prayer by the Rev. C. Chamberlain. 

The journal of vesterday was read and approved. 

The following delegates, not present yesterday, appear- 
ed in their seats, came forward and presented their cre- 
dentials, and were duly cpaalified as members of the Con- 
vention : 

T. E. Gowan, of Simpson county. 

J. M. Wylie, of Pontotoc county. 

Henry J. GuUey, of Kemper county. 



16 PKOCEEDINGS AND DEBATES IN THE 

A. Reicl, of Winston county. 

G. Y. Woodward, of Winston county. 

A. E. Reynolds, of Tishomingo county. 

L. L. Davis, of Harrison county. 

Wm. Grffin, of Jackson county. 

Mr. Cooper, of Rankin, offered tlie following re;solii- 
tion : 

Whereas, Messrs. Burnliam and Bartlett, sliort-liand re- 
porters, prcpose to make a full and accurate report of all tlie 
proceedings of tliis Convention, if desired ; therefore — 

Mesolved, That a committee of three be appointed by the 
President to examine into the qualifications of said reporters ; 
and, if deemed ample, to report the cost of such to this Con- 
vention, by resolution or otherwise, as soon as practicable. 

Mr. Houston offered the following, as a substitute, 
which was accepted by Mr. Cooper : 

Besolved, That the President appoint a committee of five to 
take into consideration the propriety of employing Messrs. 
Burnham and Bartlett as reporters of the proceedings of this 
Convention, and that said committee report by ordinance or 
otherw-se. 

The question being taken on the adoption of the resolu- 
tion, it was rejected. 

Mr. Wier oitered the following resolution : 

Besolved. That the Secretary of the Convention be required 
to procure and furnish the Convention, as early as practicable, 
one hundred printed copies of the Constitution of the State 
of Mississippi as in force in 1860. 

Mr. Jarnagin moved to lay the resolution on the table, 

Which motion was adopted. 

Mr. Cooper, of Panola, offered the following resolution : 

Besolved, That the President appoint a committee of ten, 
whose duty it shall be to report to this Convention what 
changes in and amendments to our Constitution are neces- 
sary to restore our former relations to the Federal Govern- 
ment. 

Mr. Yerger, of Hinds, ofiered the following as a substi- 
tute : 

Besolved, That a committee of members be appointed 

by the President to inquire into and report to this Conven- 
tion such alterations and amendments of the Constitution as 
may be proper and expedient to restore the State of Missis- 
sippi to its constitutional relations to the Federal Govern- 
ment, and entitle its citizens to protection by die United 
States against invasion and domestic violence. 

Besolved, That a com-mittee of members be appointed 



MISSISSIPPI COXSTITUTIONAL COXVrnTIOX. 17 

by tlie President to inquire into and report to this Conven- 
tion sncli action as is proper and expedient to be taken rela- 
tive to an act commonly known as the Ordinance of Seces- 
sion, ado|)ted and approved on the 9th day of January, 1861, 
by a Convention of delegates of this State ; and also v^'hat 
action shonld be taken for the pin'pose of ratifying snch legis- 
lative, executive and judicial acts not in conflict with the 
Constitution of the United States, as were passed and adopt- 
ed by the authorities acting in this State in a legislative, ex- 
ecutive and judicial capacity since the 9th day of January, 
1861. 

On motion of Mr. Yerger, the blanks in tlie above res- 
olutions ^vere filled with the number fifteen. 

Mr. Trotter, of Marshall, offered the following ordi- 
nance and resolution, as a substitute : 

OKDIN A NCE. 

Be it ordained hy the people of the State of llississij^jn, That 
the ordinance of secession which was adopted by a Conven- 
tion of the people of this State, assembled at the city of 
Jackson on the 9th day of January, 1861, be and the same is 
hereby repealed and abrogated, together with all ordinances 
or acts of the State since adopted to carry the said ordinance 
into effect. 

EESOLUTIOX. 

Resolved, That all rights acquired or obligations incurred 
by vii'tue of any act or contract made and entered into since 
the 9th day of January, 1861, and not inconsistent with the 
Constitution of the United States, are declared to be vahd 
and binding upon the parties to any such contract ; and that 
all the acts of the several officers and public magistrates of the 
State, done in performance of the duties required of them, 
and all decrees and judgments of the several courts of this 
State, including acts of the Legislature not inconsistent 
with the Constitution of the United States, be in Hke manner 
declared to be vahd to all intents and purposes. 

After some discussion, Mr. Trotter w^ithdrew the above 
ordinance and resolution ; w- hen — 

The question recurring on the resolutions offered by 
Mr. Terger, it was decided in the affirmative. 

Mr. Stone offered the following resolution : 

Resolved, That hereafter all resolutions in relation to an 
amendment to the Constitution, the Ordinance of Secession, 
and the vahdity of legislative, executive and judicial acts 
since the 9th day of January, 1861, be referred to the appro- 
priate committees without debate. 

Mr. Jarnagin moved to lay the resolution on the table; 

Which motion was lost. 



18 . PEOCEEDI^^GS AND DEBATES IX THE 

The question reciirrliig on tlie adoption of tlic rosolr.^ 
tion, it was decided in the affirmative. 

On motion of Mr. Jolmson, of Marshall, 

The GonventioM proceeded to the election of Printer t\-; 
the Convention. 

The President ai^pointed Messrs. Sanders, r»f A.ttahi,. 
Matthevs^s and Wall, as tellers. 

Mr. Duncan, of Tishomingo, placed in nomination the. 
names of Messrs. Cooper & Ivimbalh puhlishers of the Mi- 
sissippian. 

Mr. Cooper, of Eankin, placed in nomination tlie name 
of A. J. Frantz, of the Brandon Republican. 

Mr. White, of Chictasav, placed in nomination tlu-; 
names of J. J„ Shaimon & Co., of tlie Clarion, 

Mr, Wilson, of Yazoo, placed In n.omination the name 
of E. M. Yerger, of the Jackson News. 

Mr. Barr, of Lafavette, placed in nomination the name 
of I. M. Pati-idge, ot" the Yicksburg Herald. 

Xo other nondnations being made, the Convention pro- 
ceeded to the 

FIRST BALLOT. 

E. M. Yerger received 2G votes. 

J. J. Shannon & Co. 22 " 

. A. J. Fraiitz 1.6 '' 

Cooper & Kimball - 15 " 

I.M.Patridge 10 '' 

Total votes east, 89 

IS^ecessarj to a choice, 45. i^eitlier candidate having 
received a constitutional majority, the Convention pro- 
ceeded to the second ballot, 

Mr. Barr witlidrew tlie name of ^Ir. Potridge. 

SECOND BALLOT. 

J. J. Shannon & Co. received 32 votes. 

E. M. Yerger , 25 '' 

Cooper & Kimball 20 '' 

A. J. Frantz : ..12 '^ 

Total votes cast, . . 89 

iNecessary to a choice, 45. JNTeither candidate having 
received a constitutional majority, the Convention pro- 
ceeded to the third ballot. 

Mr. Cooper, of Rankin ^ witlidrew the name of Mr,. 
Frantz. 



MISSISSIPPI CONSTITrXIOXAL CONVE^^TIOK. 19 

THIRD BALLOT. 

J. J. Sbaniioii & Co. received 29 votes. 

Cooper & Kimball , 29 " 

E. M. Yerger 29 " 

Total votes cast, . . . 87 

'Necessary to a choice. i4:. Neitliei' candidate having 
received a constitutional majority, tlie. Convention pro- 
ceeded to the 

l-'OURTH BALLOT. 

E. M. Yerger received 33 votes. 

J. J. Shannon c^ Co 30 '' 

Cooper & Kimball 24 '• 

Total votes cast 87 

Necessary to a choice, -^4. iS'eitlier candidate haviaii: 
received a constitutional majority, the Convention pro- 
ceeded to the iiftli ballot ; 

Mr. Cooper, ofliankin, re-nominating Mr. Frantz. 

FIFTH BALLOT. 

•J. J. Shannon & Cj. received 31 votes. 

E. M. Yerger 28 '= 

A. J. Frantz 16 

Cooj)er & Kimball 12 

I. M. Patridge 1 '• 

Total votes cast ■ 88 

Necessary to a choice, -15 — neither candidate receiving 
a constitutional majority. 

Mr. Johnson, cf Smitli, ottered the following resolution, 
which was adopted : 

Besolved, That on each succeeding ballot, the candidate re- 
ceiving the lowest number of votes shall be drop]3ed. 

The Convention then, by order of the President, pro- 
ceeded to the 

SIXTH BALLOT. 

E. M. Yerger received 32 votes. 

J. J. Shannon & Co .... , 30 '' 

Cooper & Kimball 18 " 

A. J. Frantz 9 " 

Total votes cast, 89 

Necessary to a choice, 45 — neither candidate liaving 
received a constitutional inajority. 

Mr. Cooper, of Panola, moved tliat the Convention ad- 
journ until -1 o'clock P. M., 

I 



20 PROOEEUINGS AXl) DEBATES IX THE 

Which was lost. 

Mr. Goode moved that tlie Coiiveiition take a recess for 
half an hour, 

Which was lost. 

The Convention then, by order of the President, pro- 
ceeded to the 

SEVENTH BALLOT. 

E. M. Yerger received 39 votes. 

J. J. Shannon & Co 35 '' 

Coojoer & Kimball 14 '•' 

Total votes cast, 88 

I^ecessary to a choice, 45. E'either candidate having 
received a constitutional majority, the Convention pro- 
ceeded to the 

EIGHTH BALLOT. 

E. M. Yerger received .44 votes. 

J. J. Shannon & Co 42 " 

I. M. Patridge 1 " 

Total votes cast, 87 

Mr. Yerger having received a majority of all the votes 
cast, was declared duly elected Printer for the Conven- 
tion. 

Mr. Peyton, of Copiah, moved that the Convention ad- 
journ until 4 o'clock, P. M. 

Mr. Jarnagin moved to amend by striking out 4 o'clock, 
p. M., and inserting : to-]norrow morning, o'clock. 
Which Vv^as lost. 

The motion of Mr. Peyton was then adopted, when — 
The Convention adjourned until 4 o'clock, r. ii. 



FOUR CLOCK, P. M. 

The Convention met pursuant to adjournment. 

Ti7e President announced as the committees under the 
resolutions introduced in the morning session by Mr. 
l^erger, of Hinds, as follows: 

On State Constitution — Messrs. Harrison, of Lowndes ; 
Hill, of Tishomingo ; Simonton, of Itawamba; Houston, of 
Monroe; Yerger, of Hinds; Hamm, of Kemper; Bush- 
ing, of Lauderdale ; ISTiles, of Attala ; Lewis, of Rankin ; 
Peyton, of Copiah ; McBride, of Madison ; Martin, of 



MISSISSIPPI CONSTITUTIONAL CONYENTION. 21 

Adams ; Maiirj, of Claiborne ; Hemingway, of Carroll ; 
Owens ; of Tmiica. 

On Ordinances cmd Laios. — Messrs. Johnston, of Hinds ; 
Reynolds, oi Tisliomini^o ; Johnson, of Choctaw ; Potter, 
of Hiads ; Trotter, of Marshall ; Bailey, of Tallahatchie ;, 
Lindsey, of Jasper ; Sanders, of Attala ; Sessions, of 
Holmes ; Jarnagin, of Noxubee ; G-oode, of Lawrence ; 
IfYier, of Yalobusha; Hurst, of Amite; Cooper, of Ran- 
kin ; Billu])s, of Lowndes. 

On motion of Mr. Harrison, of Lowndes, 

The Convention adjourned until to morrow morning, 9' 
o'clock. 



THIRD D A r . 

Wednesday, August 16tii, 1865. 

The Convention met pursuant to adjournment. 

Prayer by the Rev. H. J. Harris. 

Journal of yesterday read and approved. 

The following delegates, not present at previous sessions^ 
appeared in their seats, came forward, presented their 
credentials, and were duly qualified as members of the 
Convention : 

T. A. Marshall, of AYarren county. 

W. L. Stricklin, of Coahoma county. 

L. Jones, of Bolivar. 

Mr. Johnson, of Smith, offered the following resolution : 

Resolved, That the President appoint a standing committee 
of seven on finance and taxation. 

On motion of Mr. Harrison, of Lowndes, 

The resolution was laid upon the table. 

Mr. Cooper, of Panola, offered the following resolution, 

Which, was adopted : 

Resolved, That the Hon. J. A. Orr and Col. W. D. Holder 
be incited to seats inside the bar of the Convention during 
their stay in the city. 

Mr. Woodward, of Winston, offered the following reso- 
lution, which was referred, under the rule, to the special 
committee of fifteen on State Constitution : 

Whereas, The Probate Court law and practice is onerous 
and burdensome, as the times for said court to hold their 
sessions are appointed by law, and are most usually monihlj^, 
13arties interested in cases pending- in said court are often at 



22 rR3CEEDINGS AND DEBATES IN THE 

great iiicoiiYenience, living at a distance, or in cases wliore 
administration is very important at an earty daj ; and if, 
perchance, the judge slionld be absent, nothing can be done 
for another month. Again, the judge often resides at a dis- 
tance — the business of his office being such as not to require 
him to keep regular office hours; hence great trouble and in- 
convenience, with delay of time on the part of parties interes- 
ted ; therefore — ■ 

Besolvcd, That the Constitution be so altered or amended 
as to require the election of a Judge of Probate for each 
county, as now provided for ; and that said judge be ex-ofiicio 
clerk of said court, so that said court may be opened at all 
times for business. 

On motion of Mr. Harrison, 

The Convention adjourned until to-niorrow morning, 
oclock. 



FOURTH DAY. 

Thursday, ArarsT ITtii, 1S65. 



The Convention met pursuant to adjournment. 

Prayer by the Rev. C. Johnson. 

Journal of yesterday read and approved. 

The following delegates, not present at previous ses- 
sions, presented their credentials, and w^ere (Inly qualified 
as members of tlie Convention : 

J. W. C. Watson, of Marshall county. 

M. C. Cnmmings, of Itawamba county. 

Wm. L. Brandon, of Wilkinson county. 

A. Slover, ot Tippah county. 

"W. A. Crum, of Tippah county. 

Mr. Stone, of Copiah, offered the following resolution 
which was adopted : 

Resolved, That the door-keeper be instructed to furnish 
each member of the Convention with one copy of the Daily 
Mississippian and the Daily News. 

Mr. Duncan, of Tishomingo, offered the following reso- 
lution, which w^as referred, under the rule, to the com- 
mittee on State Constitution : 

Resolved, That the committee on amendments to the Con- 
stitution be instructed to inquire into the expediency of au- 
thorizing the Legislature to confer jurisdiction to the court 
of justices of the peace, in action of debt, where the principal 



MISSISSIPPI CONSTITUTIONAL CONVENTION. 23 

of tlie amount in controversy does not exceed one hundred 
dollars nx3on an open account, and tvfo liundred and fifty 
dollars ui^on a promisory note or writing obligatory, and re- 
port to tliis Convention as early as x:)racticable, by ordinance 
or otherwise. 

Mr. Hudson, of Yazoo, offered tlie following ordnance, 
which was read the first time and placed on the calen- 
dar : 

ORDINANCE. 

Be it ordcuiit'd hy the loyal people (f tJte State qf JIl,<sis.<ip2-,i 
ill Convention assembled, That for the offences of grand lar- 
ceny, robbery, rape, arson and burglar}^, hereafter committed 
in this State, the penalty of death by hanging shall be inflict- 
ed, as in other cases made cajfital by the laws of this State ; 
but the Legislatui-e of the State may, at any time, alter, 
change, or rex^eal soid penalty as to offences of either kind 
committed after such alteration, change or repeal. 

Mr. Rives, of Tisliomiiigo, offered the following ordi- 
nance, wliich was read the first time and placed on the 
calendar : 

Be it ordained by the people of the State of Missisiirppji in Con- 
vrntion assembled, That all the oftieial acts done and performed 
by any and all persons whomsoever who have been formally 
elected or appointed to arrf office, either of the state or any 
county therein, or in any incorporated cit}^ or town in said 
state of Mississippi, since the 9th day of January, A. D. 1861, 
not repugnant to the Constitution of the United States nor 
of the state of Mississippi, nor the iaivs of the state of Mis- 
sissippi, which were in force on the 9 th day of January, A. T>. 
1861, shall be and the same are hereby declared to l3e legal 
sind valid, as if the said officers had been duty elected and 
qualified as such according to the constitution and laws of 
the state in force previous to the 9th dav of Januarv, A. D. 
1861. 

Mr. Jarnagiii, oi Xoxubee, offered the following resolu- 
tion, wdiich was reterred, under the rnle, to the committee 
on State C<nistitution : 

Besolved, That the committee on Constitution be requested 
to inquire into the expediency and |)ropriety of this Conven- 
tion memorializing the President of the United States on the 
subject of garrisoning our towns with negro troops, setting 
forth the danger to the loyal citizens of this state arising from 
the presence of black troops, and the demoralizmg influence 
produced upon the recently fi-eedblacks of the State, and the 
propriety of asking the President, if it shall be necessary to 
continue the armed garrisons in the state, that said garrisons 



24 piioce:<:dings and decatp:s in the 

may consist of vvhite troops, and not of freed blacks ; and 
that said committee report by memorial or otherwise. 

Mr. Johnson, of Marshall, oftered the following resolu- 
tion, which was nnaniinoiisly ado])ted : 

Rejoiced, That his E?vcellency, T\'m. L. Sharkey, Provisional 
Governor of the State of Mississippi, be inviied to a seat 
within the bar of the Conv-emion. 

Mr. Matthews asked leave of absence for Mr. Stricklin, 
of Coahoma, on account of illness ; which was granted. 

Mr. Hudson, of Yazoo, offered the following ordinance, 
which was read the first time and placed oii the calendar : 

Be it ordained by this Convention, That a,ll marriage licenses 
heretofore issued by any probate clerk, and bonds taken in 
such cases, and marriages had thereunder, in accordance with 
the laws of this s'ate existing on the 9th January, 1861, and 
the registration of all marriage licenses, bonds and certifi- 
cates of marriages, be and the same are hereby declared vahd 
and binding, and in full force and effect. 

2d. That all d.eeds, bonds and mortgages, acknowledge- 
ments, Avills and other instruments, made, taken, proved, 
registered, certified and audien:icated, by or before any pro- 
bate clerk of this s'ate, or any other officer, pursuant to and 
in comphance with the laws of this state, exisiing on 9tli Jan- 
uary, 1861, be and the same are hereby ratified and held for 
valid, binding, and in full force and effect. 

3d. That all the proceedings, judgments, orders and de- 
crees made by any probate judge, and all proceedings had 
and done thereunder, and all bonds and obligations taken by 
or before him in the premises, and all acts of the probate 
clerks touching the same, according to the laws of this state 
in existence and force on the 9tli da}^ of January, 1861, be 
and the same are hereby ratified, and held for valid and bind- 
ing. 

4th. That all acts of anj- clerks of any court, and all ac4.s 
of any judge and court, and all acts of every civil officer, 
grand jurors, petit jurors, judicial proceedings, bonds, recog- 
nizances, decrees, judgments, execution, process, service of 
process, in this state, since the 9tli January, 1861, and pur- 
suant to and in accordance with the lav/sof this state in force 
on 9ih d_ay of January, 1861, be and the same are hereby re- 
cognized and ratified, and declared valid and binding, and 
the said several civil officers entitled to compensation therefor 
at the rates and in the manner directed by the laws of this 
State in force on 9th January, 1861, if not ah'eady paid. 

5th. That the several acts of the Legislature of this slate 
known as the stop or stay laws-, suspending the collection of 
debts, the institution and prosecution of suits, and the sus- 



MISSISSIPPI CONSTITUTIONAL CONYENTIOX. 25 

pension of tlie several statutes of limitations of this stale, and 
all acts aiitliorizing- persons of non-age to dispose of their 
proi3erty by ^Yill or otherwise, passed since 9th day of Janu- 
ary, 1861, be and the same are hereby recognized and rati- 
fied, and held to be valid and in full force and operation. 

Gth. That no civil or military officer of this stale shall be 
held liable for tres^^ass, damages, or suit of any kind, for any 
act done by any such officer, in good fai<h and within the 
scope and authority of the recognized civil or military law of 
this state, during the late war ; and that all their acts in such 
official capacity and good faith, be and the same are hereby 
recognized and ratified, and held for valid, so far as to gixe 
them the protection aforesaid. 

7th. That all crimes heretofore committed during the war, 
and not yet punished, if crimes against the lav\^s of this state 
in force on 9tii January, 18G1, shall remain crimes, and be 
proceeded with according to 'he lavfs of this state in force on 
9th January, 1861. 

8th. That all acts of the legislative, executive and judicial 
departments of this state, done and performed during the late 
rebellion, not in conflict with the Constitution of the United 
States, and the laws tliereof pursuant thereto, nor in conflict 
with the ConstiuitioM of this state, be and the same are here- 
by recognized and ratified. 

Mr. Conipton ofi'ered the following resolution, Avhicli 
was unaninionsly adopted : 

Resolv'd., That B. G. Humphreys, Brigadier-General of the 
late Confederate army, 'oe itivited to a seat v,ithin the bar of 
this Convention during his sta^r in ihis city. 

Mr. Martin, of Adams, olfered the following resolution, 
which was uiianinionsly adopted : 

Fiesolved, That Major-General Osterhaus, Commandant of 
this District, ])e invited to a seat within the ])ar of the Con- 
vention. 

Mr. Martin remarked, in otfering the foregoing resolu- 
tion, that lie felt more pacifically disposed than formerly. 

Mr. Watson, of Marshall, offered the following resolu- 
tion : 

Resolced, That a committee of three be appointed by the 
Chair who shall have authority to employ two competent 
short-hand reporters, for the purpose of furnishing verbatim 
reports of the debates in this Convention ; and said committee 
shall be authorized to avv'ard a just and equitable compensa- 
tion for the services of such reporters. 

In support of which, Me. Watson said : I hope, Mr. 
President, it will be the pleasure of this body to adopt 
that resolution. The subject has been heretofore brous^ht 



26 PItOCEEDlNGS AXI) DEBATES IN THE 

before the Convention, "but in no direct form. Tliis reso 
liition proposes that a committee be appointed charged 
with the duty of employing two competent short-hand 
reporters. TJie cost will not be very great to have an ac- 
curate and full report of the debates of this bod\ taken 
tmd preserved, ^ow the ({uestion of the publication of 
these reports is quite an independent affair. The publi- 
cation of these reports, to be sure, should they be volu- 
minous, would cost a great deal ; but that question may 
be adjourned. 'I do deem it important, however, that the 
debates of this body should be taken and preserved, in a 
permanent form, lor future reference. 

The questions before this body, sir, are of very great 
gravity — very great ; and it is due to each member that 
the opinions and views which he may express, should be 
thns preserved. Our action must be construed in the 
light of Avh.at may transpire whilst we are in session ; and 
then, sir, I believe that the spirit breathed by the meni- 
l)ers of this Convention will be of such a character as to 
vindicate the State from tlie aspersions that are being con- 
stantly cast 'upon iier. I hope, therefore, the gentlemen 
will adopt tiie resolution. I repeat, tliat the mere cost of 
liaving tliis report made, cannot be great — cannot exceed 
tliirty-iive dolhirs a day. 

Mk. Maetin, of Adams — Mr. President: A proposition 
somewhat similar to this was voted down yesterday without 
•discussion. I voted in, favor of that proposition ; but I 
think it very likely that many members voted without 
reflec^tion as to what the intention of the proposition was. 
It is important for us not only that the Constitution which 
wc shall adopt, shall show the spirit of our people, but it 
is also important to show by the debates the spirit in 
which these ])ropositions were discussed. That Constitu- 
tion vvill go o-iit to the world as the action of a rayjority 
oi'this ( ';i]r> L'ntion; and it is necessary to show, as the de- 
bates '.vill — by givin.g in fidl the expressions uttered on the 
spiu'oftho niouicnt, of those representing the people of 
Mississippi — the feeling in this State. It is also necessary 
and proper that we should show, as ^vas suggested by the 
gentleman preceeding me, that it is a mistake to suppose 
that in surrendering, and as a people giving our paroles, 
we merely did it to gain time, and that there was still a 
disposition among the people of the State of Mississippi 
to carry on the war against the l^orthern States — against 



MISSISSIPPI CONSTITUTIOXAL CONVENTION. 27 

the Federal Government. I think it also important, in the 
present crisis, that whatever can should be done to assure 
the people of the ITorth, and especially that portion of the 
j^orthern people disposed to be conservative and consider 
that we liave some rights at least in the South, to show 
them, and to show the Government of the United States, 
also, that having first tried the logic of the scliools, and 
having failed in that, and having then resorted to the 
^sterner logic of arms, and having tailed in that, also, w^e 
are now honestly disposed to return to our allegiance, 
and to make out of the disasters that have befallen us the 
best we can. I think tliere is no surer and better way of 
-showing the conservatives of the l^orth and the Govern- 
ment' of tlie United States, that w^e are in earnest and that 
we arc sincere, than by publishing the debates of this 
Convention. There is no other way in whicli we can as- 
certain, with any certainty, the views of the people of this 
State, whose opinions are supposed to be represented here; 
and I desire that in some permanent manner these may go 
abroad in the country to show our action, and to show 
that we intend to deal fairly in this matter, and that we 
may, for many reasons, satisfy them that we are not, 
while we are preparing to return inform to our allegiance, 
entertaining opinions and feelings liostile to the govern- 
ment of the country. I hope, therefore, as the cost is in- 
significant, and as the case is an important one, and the 
questions to be discussed are the most vital in their inter- 
ests of any that have ever been discussed since the State 
of Mississippi was organized, that these debates may be 
preserved, so that it can be ascertained beyond question 
— not by looking to the contributions of of itinerant news- 
paper writers-^—but from the discussions ot this b5>ay, what 
is the true spirit of the people of this State and our inter- 
ests here. I therefore trust that the resolution of the gen- 
tleman from Marshall will prevail. 

Mr. Houstox, of Monroe — Mr. President: I introduced 
the other day a sul)stitute for a resolution offered by the 
gentleman from Eankin, in reference to this same sulDJect 
matter. I was then of the opinion, as I am now, that it 
was due not only to the members of this Convention, in 
order to prevent misrepresentation in reference to our fu- 
ture course here, but that it w^as also due to the people of 
this State that they should know what was said and done 
here, that they might properly interpret any action of this 



28 PEOCEEDINaS AND DEBATES IX THE 

body. I think it was a strong proposition, and aUove 
either of the last in importance, that the action of the 
Convention on constitutional questions, will doubtless, and 
must sometimes become the snbject of litigation in the 
courts of the country. By what light or what means can 
these courts more rapidly come to the proj^er interpreta- 
tion of what was meant l>y this Convention in its action^ 
and what was intended by this or by that article of the 
Constitution that may have been amended, than by the 
light which may be aforded in the puldication of the dis- 
cussions of this Convention. 

I think, sir, that if there is no othei", this one consider- 
ation is in itself of sufficient value to warrant the meeting 
of any cost which might accrue to the State from the em- 
ployment of reporters and the publication of our debates. 
For these reasons, and others which I might give, if the 
time of the Convention was not too valuable, I shall vote 
in favor of the resolution. 

The (juestion recurring on the adoption of the resolu- 
tion, it was decided in the affinnative ;' whereupon the 
President appointed Messrs. Watson, Martin and Houston 
as the committee conteniplated therein. 

Mr. Cooper, of Panola, offered the following resolutiori : 

Itesolved, That. Brigadier-General Wirt Adams and Judge 
E. S. Fislier be invited to seats inside the bar of the Conven- 
tion. 

On moti"on of Mr. Johnson, of Smith, the resolution was 
amended so as to embrace tlic nanu^ of Hon. fFohn AYatts ; 
when it was so adopted. 

Mr. Hudson ofl'ered the following oi'dinance, which was 
read the first time and placed on the calentlar : 

Be it ordained, That no law shall ever be passed by the Leg- 
islature, or law-making power of this s! ate, imposing any civil 
or political disability, or punishment, or forfeiture of estate, 
upon any citizen or i^ersou of this state, for any participation 
in bringing on or prosecuting the late war between the United 
States and the Confederate States, or the State of Mississippi, 
or for his or her political opinions in relation thereto : hereby 
declaring that such policy or conciliation", protection or recog- 
Bition, will soonest and most effectually unite our peojJe in 
one harmonious and loyal, prosperous and happy community, 
in all that relates to rela'ive duties as citizens, the state at 
large, and our peaceful relations to the Urited States. 

Sir. Hudson ottered the following resolution : 

Besolved, That the several proposed ordinances read and placed upoa 



MliSISSIPPI CONSTITUTIONAL CONVENTION. 2d 

lliG calendar this day for a second and third reading, be printed forth- 
-with, to the number of one hundred copies each, and furnished to each 
delegate of this Convention, that the sanae may be carefully criticised 
and understood, preparatory to a wise and judicious action upon and 
disposition of the same. 

On motion of Mr. Simonton, of Itawamba, 

The resolution was laid on the table. 

On liis further motion, the ordinances referred to in 
said resolution were referred to the select committee ot 
jifteen on ordinances and laws. 

Mr. Harrison, from select committee on State Constitu- 
tion, submitted the following report : 

Mr. President : The committee to whom was referred 
the resolution to amend or alter the Constitution in rela- 
tion to judges of probate, so tliat the court may be open 
at all times for business, have duly considered the same, 
and after consideration, recommend that the same do not 
pass. 

On motion of Mr. Harrison, the report was received and 
cigreed to. 

Mr. Harrison, from the same committee, submitted tlie 
following report, with accompanying ordinance : 

Mr. President : Tiie committee appointed to inquire 
into and report to this Convention such alterations and 
amendments of the Constitution as may be proper and ex- 
pedient to restore the State of Mississippi to its Constitu- 
tional relations to the Federal Government, and entitle 
its citizens to protection by the United States against in- 
vasion and domestic violence, submit the following 

KEPOIIT. 

The committee recommend the following alterations 
and amendments of the Constitution of the State of Mis- 
?5issippi, adopted October 26th, 1832, and the amendments 
thereto adojjted prior to the 1st day of January, 1861 : 

First, That the Constitution shall be amended by abol- 
ishing and striking out Sections one, two and tliree, of 
Article VIL, under the title "Slaves, '• and amendment 
number one, approved February 2d, 1816, relative to 
slaves. 

Second. That a provision, in the following language, 
shall be inserted in the Constitution as Article Eight : 
That neitlier slavery nor involuntary servitude, otherwise 
than in the pnnisliiuent of crimes, whereof tlie party shall 
have been duly convicted, shall hereafter exist in this 



30 PRDCKEDING.S AND DEBATES IX THE 

State; and tlie Legislature at its next session, and there- 
after as the public welfare may require, shall provide by 
law for the protection of the person and property of the 
freedmen of the State, and guard them and the State 
against any evils that may arise from their sudden eman- 
cipation. 

Third. That the twelfth spction of the Declaration of 
Eights be amended by the insertion of the tollowing proviso, 
to-vvit : Provided^ That the Leo'islature, in cases of petit 
larceny, assault, assault and battery, affray, riot, unla.wlul 
assembly, drunkencss, vagrancy, and other misdemeanors, 
of like character, may dispense witli an inquest of a grand, 
jury, and may authorize pro-ccntions before justices ot the 
peace, or such other inferior court or courts as may be estab- 
lished by the legislature, and the proceedings in such cases 
shall be regulated by law. 

Fourth. That amendment number two, ap])roved March' 
12th, 1852, being an amejidment of the twentieth scctloii 
of the fourth article, shall be amended by inserting after 
the words, "matters of county police," the following words, 
to-wit: including herein tiic power to make necessary and 
proper regulations relating to appren.tices, and their righta 
and duties, and also to suppress vagrancy and punish va- 
grants. ' V 

The committee also report the following ordinance in, 
relation to the election of? public officers ; and the com- 
mittee are of opinion, and Tespectfully submit, that it is not 
necessary or proper, at tJie present time, to enter into 
other or further alterations or amendments of the Consti- 
tution, or to take it up for consideration n[)on its general 
provisions. 

OKDINAKCI^^,. 

Section 1. The people of the State of Mississippi in^ 
Convention assenibled do ordain and declare^ and it is 
herehy ord-ained' and declaimed., That a general election 
shall be held according to the Constitution and the election 
laws of the State as they existed on the first day of Janua- 
ry, 1861, for Eepresentatives in Congress, and all State offi- 
cers, and members of the Legislature. The several Congres- 
sional Districts shall be the same, and the time of holding 
the election for Representatives in Congress the same asiixed 
and estal)bshed by the Legislature in the year 1857. The 
Legislature shall convene on the first day of November, 
1865. and ]}C ora'anizod and class] fiod as Xh^^, Constitution 



I 



MIsSi.<SIPri CONSTITUTIONAL COKYENTIOif. ol 

directs. A special election sliall also be held at the time of 
said general election, (the first Monday in October, A. D. 
1865,) for all county, district, judicial and ministerial offi- 
cers ; and the officers so elected shall hold their offices until 
their successors are elected and qualified, and enter upon the 
duties of their respective offices, according to the Constitu- 
tion and laws ; and the term of all such State, county, dis- 
trict, judicial and ministerial officers, so elected, shall com- 
mence on the first Monday in ]Sroveml3er, 1865. No person 
shall be qualified as an elector, or be eligible to any office 
at said elections, unless, in addition to the qualifications re- 
quired by the Constitution and election Laws aforesaid, he 
shall have taken the amnesty oath prescribed in the procla- 
mation of jthe President of the United States, of the 29th day 
of jMay, 1865 ; and immediately after the adjournment of 
the Convention, the President thereof shall issue' WTits of 
election, directed to the sheriffs in the several counties in 
the State, requiring them to cause said elections to be held 
according to the election laws in force and existing on said 
first day of January. 1861. 

On motion of Mr. Harrison, the report was received and 
agreed to ; and, on his furtlier motion, the ordinance was 
laid upon tlie table, and three hundred copies ordered to 
be printed. 

Mr. Matlhevrs, of Panola, oil'ered the following resolu- 
tion : 

Besdlved, That a committee of three be appointed to ascertain and 
report : 

1st. How many votes were cast for delegates to this Convention. 

2d. "Whether a majority of legal voters, under the laws of this State, 
voted for the d^'egatcs elected, 

Mr. Yerger, of Hinds, offered the following amend- 
ment : 

Amend : And that the said committee also report the 
number of legal voters there Avere in tlie State at the said 
election. 

On motion of Mr. Martin, of Adams, the resolution and 
amendment v/ere laid on the table. 

Mr. Watson, from special committee, submitted the fol- 
lowing 

REPOET. 

The Committee appointed to employ two competent short- 
hand writers, to report accarately and fully the debates of 
this body, have performed that duty by employing for that 



32 PliOOEEDlNGS AND DEBATES IX THE 

purpose Messrs. S. W. Burnham, and A. L. Bartlett, of New 
Orleans, at a compensation of fifteen (|15,00) dollars a day 
each. 

On motion of Mr. Watson, the report was received and 
adopted. 

Mr. Matthews, of PaL'ola, offered the following resoUi- 
tion, which was adopted : 

Eesolved, That the Sergeant-at-Arms be auLhorized and required 
to furnish for the use of this Convention a sufficient quantity of ice. 

Mr. Hndson, of Yazoo, offered the following 

ORDINANCE. 

Be it ordained hy the loycd people m Convention assern- 
hied — Firsf, TJiat the High Court of Errors and Appeals 
of this State, the several circuit and chancery courts of this 
State, the criminal court of Warren county, the office of 
Attorney-General of this State, the office of District Attor- 
ney of the several judicial districts and criminal courts of 
this State, and all county officers known to the Constitution 
and laws of this State on and before the 9th day of Janu- 
ary, ISOl, be and the same are hereby revived, re-establish- 
ed, and declared to be in existence, full force and operation, 
and that the several persons elected to the said offices by 
the people at the last election therefor, in this State, and 
Iiolding said offices at th-e time of the suspension of their 
functions and powers in May, 1865, be and the same are 
hereby re-instated, restored and elected to their said seve- 
ral offices and positions, upon their taking the amnesty 
oath, if not already taken, and the proper oath of office, and 
giving bond and security, to be taken, conditioned and ap- 
proved according to law in the case of bonded officers, tor 
and until the end of the unexpired terms for which they 
were severally elected : Provided, That any such office now 
filled and held by any appointee of Gov. W. L. Sharkey, 
shall be held and filled by such appointee for the unexpired 
term of said office ; and in case that any of said offices are 
or may become vacant bj the death, removal, re-ignation, 
refusal to qualify or act, or other legal cause, such vacancy 
shall be filled, in cases of district and Scate officers, by ex- 
ecutive appointment, and in case of county ofiacers, by elec- 
tion, according to existing laws in such cases, for the unex- 
pired term thereof. 

On motion of Mr. Yerger, of Hinds, the ordinance was 
laid upon the table. 



MJS.--1SSLP1'1 (OX-TITrTloXAJ. < UXVEXTK »X. 33 

Od'HIOD'ou of Mr. Maiirv, of Claiborne, three liundred 
.opics were ordered to !)e ])riiited. 

Mr. Johnson, of Marshiiil, otlcred the foliowiug ordmancc, 
which was referred, under the rnle, to the committee on or- 
dinances ond laws : 

ORDINANCE. 

^y^d jjeojjle of tho State of Mississipjji in Convention 
■issembled do ordain and declare.^ and it is hereby ordairt-ed 
imd declared, as follows^ to-vnt: 

Section 1 . That an ordinance known as the Ordinance 
of Secession, declared and established by the people of Mis- 
sissippi in solemn convention, at the city of Jackson, on the 
9th day of January, 1861, dissolving the connexion between 
the State of Mississippi and the United States of America, 
be and the same is hereby repealed and abrogated, and all 
obligations on the part of said State, or the people thereof, 
TO observe said ordinance of secession, or any of the laws or 
institutions growing out of the same, are annulled : and that 
the said State of Mississippi, doth hereby assume all the ob- 
ligations incumbent upon the State as a member of the Fed- 
eral Union of the United States of America, as fully as if 
ihey had never been renounced : and all laws and ordinances 
establishing and defining said obligations and relations be- 
tween the said State and said United States, are hereby de- 
clared valid, renewed, and in full force and effect. 

2d. That so much of the first section of the Ttli article of 
ilie Constitution of the State as it stood previous to said or- 
dinance of secession, requiring tho officers of the State — leg- 
islative, executive and judicial — to take an oath to support 
the Constitution of the United States, is hereby declared to 
-oe still a part of said Constitution, and a fundamental part 
of the organic law of the land. 

On motion of Mr. Simontion, the Convention adjourned 
until 4 o'clock, p. m. 



FOLT. O'CLOCK, P. M. 



The Convention met pursuant to adjournment. 

Mv. Johnston, of Hinds, from the special committee on 
ordinances and laws, made the following report : 

Mr. President : The committee appointed •• to inquire 
into and report to this Convention such action as is proper 
and expedient to be taken relative to an act commonlv 



ol- PEOCEEDING.S AND DEBATES IN" Till': 

known as the Ordinance of SecespioD, adopted and approved 
on the 9tli day of January, U-^6l, by a Convention of tlio 
delegates of this State ; and also what action should be taken 
for the purpose of ratifyiiifir such legislative, executive and 
judicial acts, not in conflict with the Constitution of the 
United States, as were passed and adopted by the authori- 
ties acting in the State in a legislative, executive and judi- 
cial capacity, since the 9th day of January, 1861," Deg leave 
respectfully to report : That they have given to the subject 
committed to them that calm and deliberate consideration 
wdiich their great importance demand. The result of the 
deliberations of your committee is embraced in two ordi- 
nances herewith submitted — one entitled : An ordinance ta 
legalize and support the legislative enactments of the State 
of Mississippi, passed since the 9th day of January, 1851 
and for other purposes ; the other entitled : Anordinace in 
relation to the Ordinance, of Secession and other ordinance^ 
and resolutions adopted by a former Convention of the State 
of Mississippi, held at Jjickson on the 9th day of January^ 
1861, and on the 25th day of March, 1861." Your com- 
mittee pray that this Report, and the accompanying Ordi- 
nances, be received ; that said Ordinances be adopted by the 
Convention ; and that your committee have leave to sit 
again, having other subjects submitted to their considera- 
tion. 

Ordixakce No. 1. 

AN ORDTNACE ia relalion to (lie vOidinance of Sec<*ssion and other Ordi- 
dinances and Ivosolvitions. ndojiied by a former CoiiVontion hold iin 
the city of Jackson on tli(i 7lh January. 1861. and on the 2r>th day ot 
March, ]8«L 

Section 1. Be it ordained hy tlie people of the State of 
Mississippi in Convention assernUed^ That an ordinance- 
passed by a former Convention of the State of Mississippi; 
on the 9th day of January, .861, entitled ''An ordinance 
to dissolve the nnion between the State of Mississippi and 
other States nnited witii her nnder the compact entitled, 
'The Constitution of the IJnited States of America/" is 
hereby declared to be null and void. 

Sec. 2. Be it furtJier ordained^ That the following 
ordinances and resolutions, ])asscd by said former Conven- 
tion of the State of Mi-sissippi, vvhich assembled in the 
city of Jackson, on Monday, tlie 7th day of January, 
1861, and on the 25t]i day of Marcli, lS6i, he and the 
same are iierebv repealed, viz: 



MISSISSIPPI CONSTITUTIOXAL CONVEXTIoN. -'K-J- 

''To raise means for the detense of the State, (said ordi- 
nance having no date.) 

''To reg'ulate the military system ot the State of Missis- 
sippi.'' Passed 2yd January, 1861. 

''To amend the Constitution of the State of Mississippi 
in certain particnhirs." Passed January 2Gth, ISGl. 

"Concerning the jurisdiction and property of tlie United 
States of America in the State of Mississippi." Passed 
January 16th, 1861. 

"Supplemental to an ordinance concerning the jurisdic- 
tion and property of the United States of America, in the 
State of Mississippi.'' Passed 26t.h January, 1861. 

"To provide for postal arrangements in the State of 
Mississippi.'" Passed January 12th, 1861. 

"Further to provide for postal arrangemeJits in Missis- 
sippi."' Passed January 26th, 1861. 

"To provide lor the formation of a Southern Confeder- 
acy." (No date thereto.) 

"To regulate the right of citizenship iu tlie State of 
Mississippi." Passed 26th January, 1861. 

"Proyiding a Permanent Council of three for tlie (tOv- 
ernor of this State." Passed 26th January, 1861. 

"To provide for the purchase of arms, munition^and 
militarj^ equipments, and for otiier purposes." Passed 
26th January, 1861. 

"To provide for the representation of the State of Mis- 
sissippi in the Congress of the Southern Confederacy." 
Passed 26th January, 1861. 

"To provide for surveys atid fortifications of military 
sites within the State of Mississippi." Passed 26th Jauu- 
ery, 1861. 

"To authorize the Coyernor to borrow a sufficient 
amount of money to defray the expenses of the troops 
now in the field." (jN"o date tliereto.) 

"To provide for the formation of a Southern Confede- 
racy." (jSTo date thereto.) 

"To adopt and ratify the Constitution adopted hy the 
Oonvention at Montgomery, Alabama." Passed March 
29th, 1861. 

"In relation to lands in tlie State ot Mississippi belong- 
ing to Indian orplians." Passed March 29th, 1861. 

"To define the power of tlie Legislature of this State in 
relation to ordinances and resolurions adoDted by the 
Convention;^ Passed March 30th, 186 T. 



36 PKOuK'r:DTX(;> and debates ix the 

"In reference to the Marine Hospital at Yicksbiiro^.'' 
Passed March 30tb, 1801. 

"To provide a Coat of Arms and Flag for the State of 
Mississippi." Passed March 30th, 1861. 

"To authorize the entry and sale of waste and unappro- 
priated lands in the State of Mississippi." Passed March 
28th, 1861. 

"To revise and amend the law in relation to foreign in- 
surance companies." Passed March 2Tth, 1861. 

"To provide lor the appointment of Electors of Presi- 
dent and Yice-President of the Confederate States of 
America." Passed March 30th, 1861. 

"To alter and miodifj tlie ordinance entitled 'An ordi- 
iiance concerning the jurisdiction and propert}^ of the 
United States in the State of Mississippi." Passed March 
aOth, 1861. 

"Supplemenal to an ordinance entitled 'an ordinance to 
raise means for the defense of the State,'" passed J/arcli 
29th, 1S61. 

Sp:g. 3. Be it further ordained^ That tliis ordinance 
T^liall ])c in force from and after its passage. 

Ordinance No. 2, 

AN ORDIANNCE to legalize and support the legislative enactments of the 
State of Mississippi, passed since the 9th day of January, 1861. and 
for other purposes. 

Sectio:n^ 1. Be it ordained ly the people of the State 
of Mississ'qjpi in Convention assembled^ That all laws- 
and parts of laws of said State enacted since the 9th day 
of January, 1861, when the Ordinance of Secession was 
passed, so tar as the same are not violative of the Consti- 
tution of the United States, or the Constitution of the State 
of Mississippi, or not in aid of the late revolution, except 
'^an act to enable the railroad companies of this State to 
pay the monies borrowed by them," approved December 
7th, 1863, be and the same are hereby declared to be 
legal, valid and binding, to all intents and purposes, from 
tJie respective dates thereof, until repealed or changed by 
the Legislature ot said State. 

Sec. 2. Be it further ordained^ That all the acts of all 
public officers ot the State of Mississippi, done and per- 
formed under and pursuant to the lavv^s of said State, 
whether these offices be legislative, executive, judicial or 
ministerial, since the aforesaid 9th day of January, A. D. 
1861, shall be held as legal, bindin.g and obligatory, to all 
intents and purposes. 



MISSISSIPPI CONSTITUTIONAL rONVENTION. o^ 

Sec. S. Be it further ordained^ Tliat all the orders^ 
judgments, proceedings and decrees of all the courts of 
tjie State of Mississippi, rendered and done since the 
aforesaid 9th of January, A. D. 1861, are hereby declared 
to be legal, valid ai:d binding in every respect, subject 
only to such right of appeal, writ of error, supersedeas, or 
review, as may be a]lo\yed and provided for by the stat- 
utes of said States, and the rules of ])ractice prevailiuir irs 
said courts respectively. 

Sec. -f. Be it further ordained, Tliat all official bonds 
executed by all public officers of the State ut Mississippi. 
and the bonds of all executors, administrators and guar- 
dians, and all bonds executed by parties in the progress oj 
legal proceedings, ma<ie since said 9th January, A. D. 
1861, and which were executed conformable to any stat- 
ute ot said State, be aiid the same are hei'eby declared to 
be valid, binding and legal, to all intents and purposes. 

Sec. 5. Be it further ordained, That all contracts and 
engagements between citizens of the StoAe of Mississippi or 
other persons, as well as all deeds of conveyance or other 
contracts for land or other property, made and entered 
into under the laws of said State, enacted since the 9th day 
of January, lb'61, and which contracts and engagements are 
in conformity with those laws, and the common law princi- 
ples relating to such transactions, be and the same are here- 
by declared to be valid, legal and binding, between the con- 
tracting parties, and all persons concerned therein, to all 
intents and purposes. 

Sec. 6. Be it further ordained^ That no debt, demand, 
contract, obligation, bond, deed of trust, morto^age or 
other pecuniary liability or engagement, made or entered in- 
to in the State of Mississippi, shall be barred or in any man- 
ner affected or impaired by reason of the time elapsing with- 
out suit or proceeding commenced thereon, or demand made 
therefor, since said 9tli day of January, 1861. 

Sec. T. Be it further ordahied^ That all sales of execu- 
tors, administrators, guardians, commissioners in chancery, 
and ministerial officers, and persons acting in a fidicuary 
capacity, made conformably to the statutes of the State of 
Mississippi, or decrees of courts, and made since said 9th 
day of January, 1861, are hereby declared to be valid, and 
legal and binding, in every respect, from their respective 
dates ; and all such sales which may hereafter be made under 
the laws of said State enacted from and after said 9th day 



38 PROCEEDINGS AND DEBATES IN THE 

of January, 1861, shall also be held and maintained as legal, 
valid and binding. 

Sec. 8. Be itfurtJier ordained^ That no debt, claim or 
demand of any person against the estate of any deceased per- 
son, shall be impaired or barred in consequence of such 
debt, demand or claim not having been probated and regis- 
tered since said 9th day of January, 18G1. 

Sec. 9. Be it further ordained. That all marriages cele- 
brated in this State since the 9th day of January 1861, arc 
deemed and declared by this Convention to be valid and 
binding to all intents and purposes, from the respective 
dates of their celebration. 

Mr. Trotter of Marshall, submitted the following 

MINORITY REPORT. 

Mr. President : The minority of the committee have di- 
rected me to report the following ordinance and substitute 
for the one adopted by the majority, to-wit : 

Be it ordained, That the Ordinance of Secession, adopted 
by a Convention of the people of this State on the 9th day 
of January, 18()1, be and the same is hereby ahrogated . 

Mr. Goode, of Lawrence, submitted the following 

MINORITY^ REPORT ON ORD NANCE OF SECESSION, 

Whereas, A Convention of the people of the State of 
Mississippi, assembled at the Capital on the 9th day of Jan- 
uary, l8bl, adopted an ordinance of secession from the 
United States Government, and declared that the State re- 
sumed her sovereignty ; and in a war resulting therefrom 
with the United States Government, which refused to recog- 
nize the legality or validity of that ordinance, the State 
failed to maintain her asserted sovereignty, and is now wil- 
ling and ready to resume her station in the Union as before 
the passage of that ordinance ; therefore — 

Be it ordained by this Convention, That said Ordinance 
of Secession be and the sam-e is declared to be lienceforward 
null and of no binding force. 

E. J. GooDE, of Lawrence. 
EiCHARD Cooper, of Rankin. 

On motion of Mr. Goode. the majority and minority re- 
ports were received, and three hundred copies of each or- 
dered to be printed. 

Mr. Wier, of Yalobusha, moved to reconsider the vote by 
which the majority and minority reports were ordered to 
be printed. Which motion was lost. 

On motion of Mr. Harrison, the Convention adjourned 
until to-morrow morning, 9 o'clock. 



MlSSrs.SlPPl CONSTlTrTIOXAL CONVENTIOX. 39 

FIFTH DAY. 

Fpjday, August IStit. lS6e5. 
The CoDveiitioiiuiet pursuant to adjoiu-nment. 
Prayer by the Eev. Geo. A. Smyth; 
.Toiirnal of yesterdaj^ read and approved. 
Mr: Watson offered the followhig resolution, ^\•hich was 
nnaniniously adopted : . 

ii(3soZtv(7, That the Ilf>n. A. H. Haiicly be, and i- hereby inviled to a 
seat on this floor, duriDg his stay in this city. 

Mr. Hudson otiered the following resohition : 
Resolved, That a conmiiitee of live be appointed by 
tlie President of this Convention, to take into considera- 
tion the propriety of tliis Convention nieraoralizing the 
President of the United States to grant the release of 
Jefferson .Davis and Charles Clark, citizens of this State, 
from prison, upon their respective paroles of honor, and 
for their idtimjite pardon, or either ; and if said committee 
shall deem it proper so to memoralize, tiiey are hereby 
requested and ijistrncted to report to this Convention a 
friiitable memorial in that behalf as early as practicable. 

Tlie motion to adopt was declared carried by a viva. 
v;c>6'^ vote, when Mr. Yerger, of Hinds, called for a divisic»n. 
Mk. Watson said : — 

lieibre the division is counted, I desire to ofier a suggestion 
or two.' Sympathising with President Davis and Governor 
('lark as deepty as any other gentlemen, I am prepared and 
ready to do anything in my pov/er calculated to ameliorate their 
condition, but I doubt the wisdom of sny action in their behalf 
on the part of this body, as a Convention. As Mississippians, 
as individuals, it may be right and expedient for us to make 
an effort to do something for them. In this form, our action 
can at least, I think, do no prejudice, and will doubtless be as 
etficacious as an}^ action, which we cou.Idtakeas a Convention. 
We ha,ve been convened for a specific object of great impor- 
tance to the people of the State ; and nothing should be done, 
which could even contingently or remotely prejudice this object. 
Our proceedings should be characterized by moderation and 
prndence; and no step whatever of a doubtful character, 
should be hazarded. Many members of the Convention ha.ve 
contemplated personal action in their private character, as eiti- 
y.ens of Mississippi, and in this character, I hope we may all 
imite in a memorial expressive of our sympathy and the sym- 
pathy of the people of the State, for the two distinguished 
gentlemen in question ; but lest harm might result therefrom, 
I ask gentlemen to deliberate well before they do more than 
this. Under the influence of these views, I shall be constained 
to record my vote in opposition to the proposed resolution. 



40 PROCEEDINGS AXD Di'.HATE^ IN THE 

Mp. Yek(;j:r. — I concur fully witJi tlie sontiiiicnts and 
^iews of tlie deloio^atc from iMar.sliall. As an individual and 
a citizen of tliis State, I am ready, at any and all times, to 
join in any movement t])at may have a tendency in any 
way to miti<4'ate tliC condition of ]\[i-. Davis and Gov. 
Clark. I am satisfied that if ^vo \v(:re to undertake actioi; 
as a Convention, nndei' tlie circumstances in which wo 
were called, we shonld not only prejudice, to some extent 
the action which we desire to lake in behalf of the j)eo]>Ie 
of the State* hut tlint vre should prejudice the cause of Mr 
Davis and <.>f Gov. (Jlai"].. 

Our motives might he m. isconstrued, and ir would cer- 
tainly 1)0 charged that we had proceeded heytnid the 
purposes for which we w(ire convened, irnder such cir- 
onmstances.T shall he consti-aiiied to vote against the resolu- 
tion, l)eing ready, ris T i-emarked before, to join mend)ers 
of this Convention in my piivate,- jndivi^lual ca[)acity, ii^ 
afiy memorial, or any other act that they niay see lit to 
take, that will tend to mitigate the conchtion, i.)r i*elievc 
these gentlemen from their coniine]ne]ii, or any ]>enaities 
that jnight possibly be inflicted. 

Me. JoiixsTOX, ofilinds. — I intend to vote against llio 
resolution on the division ; and I wish to say a few words 
in explanation of my reasons and motives for tljat coarse. 
I know that I liave as active sympatliv both for the late 
President of the Confederate States and (Tovernor Clark, 
as any member of this Convention, (;r any citizen of the 
State of Mississip]>i. I feel this in my heart, and know it 
to be so — that I would do anything, or make any reasonable 
sacrifice — almost any sacrifice, to be (d service to either 
one of these distinguished gentlemen, Ihit 1 am im- 
pressed with the belief, Mr. President, that t]iv official, 
authoritative actior of this Convention on that subject, 
would, in the language of the gentleman who lias already 
spoken, tend to defeat or embarrass the very object wc 
have in view. I think it would tend to defeat and em- 
barrass the great object for which this Convention was 
called — the restoration of civil rule, the destruction of 
}nilitary rule, and the full representation of this Sate m 
the Congress of the United States. I think that action, so 
far from mitigating th<* sufferings of these distinguished 
gentlemen, would perhaps have the very contrary effect. 
But we ought to do something, and most do something, and 
it seems to me the proper action to pursue would be this: 



^IISSISSIPI'J C'UNSTITL'TIONAL CONVENTION. 4:1 

TIiO members of this Convention, as private individ- 
.lals, mii^lit frame a memorial to the proper authorities at 
Wasliington, settifig forth onr views, and asking for the 
relief Ave all so much desire. That could not be objec- 
tionable,and would have the same weight, with no injurious 
consequences, tliat the official action of this Convention 
miglit possibly luive. I have nothing more to say — my 
nly motive being to express the feelings and sentiments 
/Inch actuates nie in the course I pursue. I hope gentle- 
men will consider this and act with prudence in the matter. 
Mil. Maktin, of Adams.— I yield to no one in the strong 
lesire I feel, to see some such action taken as suggested by 
this resolution. Having since I arrived at manhood, invar- 
iably .been in opposition to the school of politics of our late 
President, 1 liave said in conversaticn vvdth personal friends, 
before coming to this place, that I intended, if no one elsa 
did. to request the members of this Convention to express — 
!iot as a Convention, but as individuals — to the President of 
the United States, the desire we all felt, tliat neither Mr. 
Davis, nor any other person should suffer for our sins ; that 
if many of us *had opposed the secession of the State of 
Mississippi at the outset, many of us had considered it to 
be our duty to oppose the movement made in the South with 
a view of asserting and maintainiug a separate government 
— still, 1 presume all c( us are more or less guilty, having 
afterwards sympathised with the movement, and aided it ; 
and I am not willing that the sins of us all shall be visited 
on the head of one man. I am, therefore, willing to go as 
far as the farthest in endeavoring to mitigate the punish- 
ment that may be thought proper to be inflicted upon th© 
late President; but I regret very much that a resolution 
':ike Diis has been offered, for I know any action this Gon- 
Tention might take in furtherisg the object of that resola- 
rion would be misconstrued ; and I think that gentlemen, 
tifter a moment's reflection will agree with me. Whatis sym- 
pathy for the individual would be construed into sympathy of 
a different kind. I hope it will not be necessary for us t© 
vote on this matter, and that the gentleman will withdraw 
it, for I think this action will come with better grace from 
:is as individuals. 

Mk. Hudson, of Yazoo. — Mr. President, I proposed this 
resolution, simply as an act of humanity — as one coming 
from the State in which the distinguished gentlemen men- 
tioned therein, resided, and as coming, perhaps, from the 
proper source. 

4 



4Z t'ROCEEDIXC;.? AND DEBATES IX THR 

111 the lirst place, the resolution does not requii c that the 
committee slioiild report a memorial to the President of the 
United States, but only calls for the appointment of a com- 
mittee, hj the Chair, to inquire into the pro[)riety of memor- 
ializing the President upon the subject. In the event of that 
committee deeming- it proper and prudent to do so, a proper 
memorial could then be presented with their report. 

If, however, it is deemed obnoxion:^, and that SLch actioii 
on the pai't of the Covention would prejudice ns in the eyes 
of the administration — in the eye of the United States Gov- 
ernment,—-! shall certainly withdraw the resolution. 

But, in re.ixard to this subject, sir, tlie President can only 
regard us cither as loyal or disloyal. VVhat is the evidence 
of loyalty — so fai' a-^ regulatinii- the government itself? It 
is that certain parties, shall comply with certain requisitions 
pointed out. I believe this Conyention is almost cntii-ely 
compos'^d of gentlemen who hold opinioiis, politically, the very 
opposite of thos^e of Mr. Davis; and it seems to me that, with- 
out a very unnsual and extraordinary construction of this 
resolution, tne President codld not suppose it to cmenate 
from any political sympathy or agreement with Jefferson 
Davis. 

I merely introduced the resolution that enquiry might be 
instituted, but, upon the suggestion of members that it would 
be obnoxious even in the seL>se of an enquiry upon tiie part 
of this committee, I will now withdra^v it. 

Mr. Harrison, of Lowndes, from select committee on 
State Constitution, submitted tlie fbUowing report: 
Mil. President : 

The Committee on Constitutional Amendments, to whom 
was I'efered the resolution, in relation to the expediency 
of authorizing the Legislature to confer jurisdiction or 
Justices of the Peace, in actions of debt where the prin- 
cipal of the amoujit in controversy does not exceed one 
hundred dollars, upon an open account, and two hund>ed 
and fifty dollars upon a promissory note or wa'iting obliga 
tory ; ask leave to report, that they have duly considered 
said resolution, and are unanimousl}" of opinion that it is 
inexpedient at this time to enter upon any such changes or 
alterations of tlie Constitution, and accordingly recom- 
mend that said res dution do not pass. 

On motion of Mr. Harrison, 

The I'eport w^as received and agreed to. 

The following communication was read, and ordered to 
be spread upon the Journal : 



MISSISSIPPI CoNSTITL'TroNAL CuS VENTIo^. 43 

IJeADQUARTKKS ?S()in'IIKRX DiST. OF MiSSLSSlPJ'f. ) 

Ano'ust ITtli, 1865. ' i' 
Ho^■. T. S, Y>:iiGKH. 

President of the CotiveiUion : 

Sir : — T am in receipt of your favor of this a. m., en- 
closina: a I'csolution of the hoiiorable hodj presided over 
by yon, inviting ine to a seat witliin tlie l>ar of tlie Con- 
vention. 

I feel tlio honor conferred on nio deeply, and cannot 
suppress a feeling of justifiable pride and pleasure, that 
my humble self was destined to be the first officer of the 
Natiop.al forces, to receive such a triendly invitation irom 
our returned brethren Is'oniancan more earnestly desire 
tliat all tlie States of the Ixepublic may again be encircled 
by one bond of harmony and confidence, and that the 
noble star« and stripes be recognized by all men, as the 
emblems of the "home of rlie brave, an.d the land of the 
free/" 

Be pleased to accept, and to express to the members of 
the Convention, my heartfelt thanks for tlje high distinction 
expressed in your i-esolution, and believe me to be, with 
£;'reat respect. Your obedient servant, 

P. JOS. OSTEEHxiUS, 
Major Gcuieral Yoliinteers. 

()n motion of ylv. Harrison, 

The rnport of the Committee, appointed to "ijiquire into 
and i-eport to this Convention, such alte.-ations and 
amendments of the Constitution, as may be |)i'uper and 
expedien.t to j'estore the State ot Mississijjpi to its consti- 
tutional relations to tlie Tederal Government, and entitle 
its citizens to protection by the United States against in- 
vasion and domestic violence," 

Was taken up. 

Mr. Simonton, of Itawamba, moved that the re[H>rt of 
the Committee and accom]')auying ordinance be considered 
section by section, 

Which was adopted. 

The first section of the report having t>een read, 

On motion of Mr. Harrison, it was adopted as follows, 
to-wut : 

First. That the Constitution shall be amended by abol- 
ishing and striking out sections one, two and three of 
article seven, under thetitle ''slaves," and amendment one. 
approved February 2th, 1846, relative to slaves. 



44' PROCEEDINGS AZsT) DEBATES IX 'LifE 

Mr. Earr, of Lafayette, offered the loUowIjig as a sub- 
stitute for the second section of the report : 

''SLaveiy having been abolished in vliis State by the 
action of the Goverinnent of the United States, it is there- 
fore iiereby declared and ordained, that liereafter there 
shall be iieither slaveiy nor involuntary servitude in this 
State, otlierwise tjian in the punishment of crinies. vrhereof 
the party sliall have been duly convicted, and the Legis- 
lature, at its next session, and thereafter as the public 
welfare may require, shall provide by law for the protec- 
tion and security of the person and property of the freed- 
nien of the State, and guard them and the State against 
4iny evils that may arise from their sudden emancipation. 

Mr. Yekgee : Mr. President. — I do not propose to enter 
into any discussion on this substitute, but simply to state 
that in my opinion, tlje tendency and effect of the preamble 
thereto, will be prejudicial to the purposes and views wliich 
I think a majority of this Convention entertain. 

The preamble undertakes to assert as a fact, what miiy or 
may not be true, to-wit : That slavery has been abolished 
by the act of tiio L^nited States Governmenl. I think it has 
been abolished by the war— and that its abolition is the con- 
sequence of tlio war, carried on between the United States 
and the belligerent authorities^ — known as the Confederate 
States. The result of the war has been tlic destruction of 
slavery. 

It is true, that the President of the United States, by a 
proclamation, issued as a Avar measure, on the 1st day of 
Januaiy, 18d3, declared that slavery was thenceforward abol- 
ished. But tiiat proclamation, being a mere declaration, 
did not abolish it. Soi^ielhicginore "-as necessary. Before 
the issiunice of this proclamatioD, thePresident, in Septem- 
ber, i 8^^2, had issued anoilier proclamation, calling upon the 
people of tiio Seceded Slates to lay dowu toeir arms, and 
returji to tiieir : " ' ,,<i to the Government of ttic United 
States — assuriii,. diat if they would do so, they would 

l)C protected in nxl ih-. d riyhts to person and property, includ- 
ing Slaves, <ruaranteed .io them by the Constitution : but 
warning them, if tiiey did not do so, he would, on the first 
day of January, 18t)3, declare, by proclamation, that all 
slaves in the insurrectionary States should be free. This 
proclamation was derided — the warning was disregarded- 
the insurrection continued — and the war was carried on until 
the armies of the United States entered into every State, 
and compelled the surrender of all the forces arrayed againsc 



^^rrssissippi c <;):n 3TITUTI0XAL coxm:xtiox. 45 

them — and thus carried into execution the jn'oclamation of 
emancipation. 

Hence, as a fact, slayery has not been abolished by the 
sole act of the United States — but its abolition l^as been pro- 
duced by the joint action of the Goyernment, and the people 
of the Southern States. The Southern States seceded — at- 
tempted to withdraw from the Union — and a war ensued. — 
During the war, the President warned them, if tliey would 
not discontinue the war, and return to their allegiance, their 
slaves would be emancipated. They dec'ined the proposition, 
and continued the war, until they were oyercome, and 
slayery was destroyed. How has it been destroyed ? Un- 
questionably, its destruction has been produced by the war, 
and is the consequence of the war which was carried on 
between the two sections, in which the abolition of slavery 
become one of tlic issues inyolvedand decided. 

1, therefore, oppose the preamble, because it asserts as a 
fact, what I do believe is historically untrue, and because it 
can have no other tendency or effect, than to impair the 
usefulness of the section to which it is proposed as an amend- 
ment. It would create use-ess discussions. North and South, 
and would prejudice hereafter the condition of this State. 
by ceaseless wrangling over an immaterial issue, whicli 
should be left to the historian — and wdiich tliis Convention 
is not called on to determine — and should not therefore un- 
dertake to decide. If the fact be, as all admit, that slavery 
has been destroyed, -tli^n we should deal with that fact in a 
practical way, and for practical purposes, and not impair 
the usefulness of our action, by the assertion of things as 
absolutely true, wdiich some assert and others deny; — and 
which, whether true or not, can make no practical difference 
in our action. 

I, therefore, Avithout pretending to argue tlie question, will 
be compelled to cast my vote against the substitute offered 
by the gentleman from Lafayette 

Me. Jaejstagtzs^, of Noxnbee : — Mr. President : I agree 
in part wath the last gentleman, and do not rise for the 
purpose of making a speecli or entering into a debate 
upon this subject — a thing I do not expect to do, in re- 
gard to any matter, during the sitting of this Convention. 

We are all satisfied that slavery is abolished. It has 
been abolished by some power, and I think it notliingbut 
right to inquire into it, and v/ecan certainly come to some 
conclusion how it has been abolished in Mississippi. It 
surely has not been abolished by the unrestrained action 



46 F'R(K^KT;niG:s-s axd debatfjs ix the 

of this State, as a Yohiiitary act. This system has iu some 
manner, been forced npoii the State, and I, as a delegate 
upon tliis tloor, wish to sec tliis Convention assert, if wo 
can arrive at it, liow it is that wo are wdling- to decLare 
that slavery sliali not hereafter o.xist in tlie State of Missis- 
sippi, tor certainl_y inttie view and opinion of t!ie civilized 
world it will be vvcll known that this was not a ^'oluntary 
act on tiic part of tlie State of Mississippi. If we had had 
110 war, tlicre was no compnlsicn, tbrce or power tl 
world knows, so far as this State is known to the world, 
that conkl liave obliged ns to take tlris step, ;ind tliero 
wonld notliave been a delegate upon this floor, thatworsld 
have said : ''Abolish slavery in the Sta.te of Mississippi." 
I, for one, am vrilling to concede and recognize tlie fact 
that slavery is abolished in this State. 1 am not here to 
advocate slavery among ns, or to plead for its restoration ; 
bnt I think it due ro onr constitn^tents, that in our consti 
tutional amendnieniS upr.ii tliis subject, we should set 
forth distinctly hovv slavery v/as abolished. I believe U 
was abolished by the proclamation of the President uf' 
the United States and the fortunes of war, and what possi- 
ble harm can there be in setting forth that tact'? 1 am 
opposed "to the naked fjict of the ab<.)lition of slavery going 
forth to the world as the action pf this Convention, and I 
am in favor of stating the 'facts and setting torth the con^ 
dition in wliich v/e vve;-e placed, and wh.icli has changed 
our views in regfird to^^bis t]]!^i:r, causing us to accept this 
alternative. 

Mil. BawR: ci -,.:.., J ^..._. --.._.. ^ , ^„. .:..... ."—The question 

has oc'ii r.iibcd by tbe delegate from Hmds, as to whether 
the stateineot tliai slavery has been abolisiud by the action 
of the G^overnnienr, oi the Uiiited State-, isVa point of fact 
true. ^lov7, sir, each deb gate in this house has taken an 
oath that he will abide by and ffitiifully support th(> acts of 
Congress and the proclamations of tlie President of the 
United States, in ref*'rence to the emancipan'on of slaves, 
and ea;:h \otir in the S ate of Mississippi, by whose au- 
thority \YQ ;>]•,■ hero, was recpiired to tai<e that oarh also. 
Wlicii die Federal GovuTimcnt arked us to take this oath 
that vv-e will abde by and faithfully support the acts of Con- 
gress, and the [)r()clani,'it.ons oC die Fi-esi(ient of the United 
Slates in reference to the emancipation of slaves, what pro- 
position did the Govcrnnn nt submit to us? It submitted 
to us ihis proposition : That the laws of Congress and the 
proclamaiiGns of the President of tlie United States in refer- 



ME.-si-;siiTr rr>:N'bHTL'TioN,A]. <: jave^'tiox. ±i 

ence to the emancipation of slaves constitute the autliority 
of the Government, by virtue of which, and in pursuance of 
which slavery has been abolished and abrogated. The Gov- 
ernment of the United States in making this proposition to U9 
required us to accede to the proposition as plainly admitted, 
as plainly, if jhn plca-^c, dictated to us, that by its official 
autliority, thn Government of the United States has abolished 
slavery. We know that the laws of Congress and the pro- 
clamation of the President of the United States in reference 
to theemaocMation of slaves, declared the slaves of the State 
of Missis-ippi to be free. I have taken the oath to abide by 
and faitlifully support these laws of the Congress and the 
proclamations of the FreA ent of the United States. I 
j^tand to that proposition ; I shake hands with the Federal 
Government in t'ds Vv^ay. I came here to stand to that pro- 
pos'tion, and I propose to stand by it in the Constitution. — 
I pro!)ose, i^ir, to put the langaage in the Constitution, that 
1 have agreed under oath that I will stand bj. I ask the 
gentleman from Hinds, if tiiere is any e?cape from the pro- 
position? Docs not the Government itself admit that by 
its authority, by the authoi-ity of the laws of Congress, by 
the authority of the ^ resident of the United States, slavery 
has been abolished ? Docs not tlie Government take upon 
itself the responsibility, the credit and the honor, if any 
there be in alirogating and abolishing slavrry in the State 
of Mississippi ? Is it not true, then, in j^oint of fact, that 
the proclamations of t' e Prc-ident of the United States, to- 
getlicr with tlie i;iws of Congress on this subject are the 
authori-'y of the Governtnent of the United States by which 
slavery has 'neon ab' dished, and is it not consequently true 
that by tiie action of tlie Government of t!ie United States, 
slavery has bren rdiolished in the State of Missispippi ? No 
other hypothesis is true The oidinancc reported by the 
•committee says, without any ex}danation, that n<'^ither 
•slavery nor mvolunta^-y servitude sh.all hereafter exist. — 
What do Ave mean l)y sayinir "shall hereafter exist?'' The 
implication, ^nd tl^e only infer.'mce is, that up this point of 
time it does exist, and that in poi't of fact, is untrue. Let 
me i]lnFtra"^e this thing. Suppose the Conven.tion should 
pass an ordinance saying tliat hereafter the Sab^^ath shouid 
not be observed as a day of rest. What is tl e implication 
and the inference? That up to that time — up to t'ne very 
momeiit when the ordinance was passed — the Sabbath had 
■been observed as a day of rest. Is it not also trne here? 
Js it not stated by implication as strongly as if it had been 



4S PROCEEDIXGS AXi) DJOIJATHS IX Till': 

stated expressly in words, that up to tliis time slavery doe.^ 
in fact exist? Do we not, therefore, ignore the action of 
the Government of the United States, and we do not there- 
fore say that what we have sworn, is not, In point, of fact 
trne ? I assert that my proposition sta tcs the truth of the 
subject, whereas the ordinance of the committee does not 
state the whole truth. 1 have heard gentlemen say, it i;- 
not prudent to always tell the truth. 1 agree to it wit! 
tliis qualification : if you are under no obligation to speak. 
if you are not Ijound to speak, if you are not called upoi' 
to speak, then you are not under any obligation to speali 
the truth ; but if you- are called upon to speak as we ari- 
bound to speak on thi:s subject, then I hold that we are 
bound to speak tlie whole truth, and that a ''<iq-)pressio vev- 
is tatamount to a suggestio falsi. Having come here to 
speak on this subject, we are bound to speak the truth, the 
whole truth, and nothing but th.e truth. I propose to state 
it here, relying upon the justice and magnanimjty of the 
powers that be in Washington, that the truth Avill give no 
offense. How can the thing give offense? How can the 
statement of the whole truth be prejudicial to the objects we 
desire to accomplish ? Is it not a. fact that the whole w^orld 
knows that the Government of the United States has pro- 
claimed to the civilized world npori the face of every ]^orth- 
ern newspaper — is it not a fact, patent upon the Freedmen>> 
Bureau — is it not a fact patent on tlie whole action of the 
Government of the United States, that tlie Government oL 
the United States claims the responsibility and honor, and 
credit, and in their language, "the immortality of having 
wiped from this great and free country the stain of slavery.' 

I somewhere read a document, issued, I believe by a dele- 
gate from this county, in which he undertakes to tell the 
people of this county — if I am quotijig correctly — that the 
President of the United States suggested to.liim and another 
gentleman, that it was proper tiiat the State of Mississippi 
«hould recognize in her Constitution, that slavery was gone. 
How then can tlie statement which the President suggested 
should be made in the Constitution of this State, be prejudi- 
cial to us, when this Constitution goes there? Did not the 
Governor, when he issued the proclamation calling ns here, 
tell us that slavery was gone, and by tlie action of the Fed- 
eral Government ? Does that prejudice us 'i In view of 
the truth — in view of what is due to us as men— we should 
state the truth, and tlie whole trutli on tin's subject. 

Mn. roTTi:p.. of Hinds — Yiv. Prosi^lcnt : — T a!n sorrv to 



MississiTTr -:;oxS'JTrrTi<)X.VL coxventiox. 11> 

see sir. that iniportaiit proposition, suggested for the consid- 
eration of this bod}^, in relation to tiiis subject, meet with a 
sort of whispered objection. If tlie dele.srates of this State, 
sitting lierc in their sovereign capacity, shall choose to de- 
clare what thc}^ believe to be tlie truth, or to act according- 
to the dictates of their deliberate judgeinent for the good of 
the people of the State, and the country, they should not be 
thus softly silenced, with a whisper, that their sentiment may 
offend somebody out of the State ; tliat it may prejudice 
their interests somewhere. I -had hoped, sir, tiiat every 
member of this Conventioii came here witli the view of acting 
as this people acted in f'ays of old — for the good of the peo- 
ple, and the good of the country — regardless of considera- 
tions, wdiether parties outside might take exceptions to our 
proceedings. There is a riglit course sir, and there is a 
wrong conrse ; and in my judgement, the ri,G:lit course is to 
act and do as one thinks riglit, regarding the position of 
this as a State in the Urion. lam, therefore, in favor of 
independent action on this subject. I am in favor of exer- 
cising to the fullest extent, that ancient liberty of speech, 
which prevailed when these stars and stripes floated over ns 
and guaranteed a freedom wliich is older tlian the Constitu- 
tion, and secured by it. 

Now, sirs, what is the condition of affairs here ? Gentle- 
men say, that slavery is dead. Weil, I say that practically, 
it is dead — the fact, however, being yet a subject for legal 
decision. But it it be dead, how was it destroyed? Has 
there been any Convention of the State of Mississippi in 
session, during tiie last four years. Vvdiich has abolished it? 
1^0, that is not the case. Has any authority competent to 
bind the State of Mississippi by any ordinance or action, 
abolished it ? Xo, sir ! Is it by any action of tiie people of 
Mississippi ? That c&nnfst be. Who claims, then sir, to 
have abolished it? Is there a^ny such claim ? I think, sir, 
that as to the historical question, there can be no manner ot 
dispute on this sul^ect. Alembers of this house recollect 
that Gen. Hmiter, of the United States service, when com- 
manding on the coast of Georgia, issued his proclamation, 
asserting, amorg otiier things, that slavery and martial law 
were inconsistent with each other : a paradox in my estima- 
tion. Asserting that, however, be went on to declare that 
slavery was abolished within his military department. On 
the lOthg of May. 1^02, President Lincolr) issued his pro- 
clamat'on, c^ ^^ ^ " -t little proceeding of Gen. li^jnter's, 

but the Pre^ r;roclamation, reserved the right 



00 7'K()( K{:i>iNG> AM) DKIJATES IN TlfK 

tliereai'tcr, to declare whether the exercise of such a power 
was a neecssity indispensable to the maintenance of the 
Government. Now when he came to issue that emancipation 
proclamation, on Sept. 22d, 1862, he commenced the doca- 
ment with the followina' preamble: "T, Abraham Lincoln, 
Pre^^ident,'' &c , '■commanding'' etc., ''hereby proclaim and 
declare that hereafter,' as heretofore, tlie war will be prose- 
cuted with the object of practically restoring- the Constitu- 
tional relations between the United States, and each of the 
States and people thereof, in which States the relation is or 
may be suspended or disturbed.'- He then goes on to de- 
clare that unless the prople, by the lirst of January ensuim^, 
shall establish such relations, he will i^sue a proclamation 
abolishing slavery in the States and districts then in insur- 
rection. Accordingly, on the first day of January, 1863, 
he did issue the threatened proclamation, lie goes on to 
recite the previous prociamationr^ and dechares that tlie 
insurrectionary States and districts, oxceptincr certain speci- 
fied parishes in Louisiana, and except ing therelrom any 
slaves in the Stateof West Virginia, in certain counties of 
Virginia, occupied, I supi30se, by Federal forces at the time 
—were free : and pir, ha declares this to be "an act oT jus- 
tice, warranted by the Constitiiiion, upon military necessity." 

1 think, sir. in view^of these/deciaTaiions of the President, 
and v/hathas been insisted upnn by tlie Federal Govern m^^nt 
since, in relation to this proclamation, tfiere can be no donbfc 
that thp Government, of the United States has asserted, and 
now assumes tliat the slaves in some States, and in this, had 
been freed by virtroof the proclamation of the President. 
How i^ it that -ai Go'^ernmcntis now acting- upon 
th's matter ? I. ... ...... sir, by force of the acts of Congress 

enacted before the military occupation of thi^ State by tlie 
Federal forces? Was not this Frcedrnen's Bureau put in 
operatirn before that time, the jurisdiction of which extends 
to all per.-n ''i the Siato f)f Mississippi? 

Tht'ic y(M : .: . :ion of the Federal Governir,ent on 

the sui(i!5i!', and one provision of ■ tlie act of Congress re- 
quires the mililarv authnritir^s, to yield such ai'l as may I: 
n<-cessary, on requireujcnt of the proper officers of that 
Bui'oaii. 

If then, sir, it bo true, a'^ g^^ntleniPn say, that slavery is 
?Iead here, in the State of Mississippi, I think no man can 
deny, as a historical lact. that that extinction has been pro- 
duced by the action of the Federal aiilhorit;iep. 

The only point; is this — whether that action is legal-— 



wliethor the courts of ihc coiiiitr}' will suhtain it. President 
Liccoln ]-pgrirdcrl tiie ituitter in tliis Ucshl. la his aDiiuai 
mcs?ago succeeding tl;c iir-sue oi" tlie second procIainatioD, lie 
said the coarts of the country u^ight overturn all his action 
upon this suhject : but he througliout the whole course of 
his admini?!tration by his public declaration and oiScial acts, 
held that thispopniatinn was free. 

Let me call the at'ention' f the Coaveution to certain acts 
of CongrcFs, on th's subject. An act to define and punish 
treason, declares that slaves belonging to every traitor in 
the South, he being duly convicted, shal] be free. It further 
declares that slaves taken or captured, in any fortified places 
occupied by the military power in rebellion, shall be free. — 
It declares thnt slaves iierrnitted to labor on any public 
work in the l**'out!r. or engiigei on any ships of t^^e insurrec- 
tionary power ; or in its arsenals, or in any manner aiding 
in'th.e military operations of the power opposed to the Fed- 
eral Governnient, shail be free. 

V/ell, sir, when gentlemen who conceived theoiselves to 
be liable to the pains nnd penalties of treason, as declared 
by the act of Congre^^s I have referred to, ar plied for amnesty 
and pardon under the proclamation of his Excellency, the 
Presiiient. what did they do ? Wasany one sworn to recog- 
nize the fact that slavery is "rubbed out by the fiiction of 
war'' — to use semi-official words? Were they required to 
swear — in the lauguao-e of ruy friend — that the "thing is 
dead by a sort o- mutual friction, or crushing out,'^ caused 
by the rnsh of contending, opp.osing liosts? 

No sir ! They were jeqni red to abide by, and faithfully 
support the Proclamation of President Lincoln, declaring 
the?e peo[>le free. 

They wei'c required to abide by, and pledfi:ed to support 
the acts of Congress far the emancipation of slaves— and 
what sort, of a pardon do tliey get sir? They get full 
amnesty vv^ith restoration of estates — excepting proper ty in 
slaves. Now. sir, how does the government look at it?— 
It looks upo!) it in this b^iht — that if has acconpliehed the 
abolition of s.avcry in the South, by, a^ President Lincoln 
declared, arnilitaiy necessity — to uphold and sustain the 
Government. 

What sort of policy does .the Presidentrequire us to pursue 
in tiie estimation of certain gentlemen? Wi}y sir, it is to 
admit the fact in relation to this subject, if slavery be 
aboli.-hed here in Missh^sippi — and if the truth be that it 
was abolished by Federal action — the gentlemen comes fur= 



bZ PKOrEKDTXGS AND Dl-.CATKS ITS" TUK 

ward and Ijlink that fact, refuse to acknowledge wliat they 
assert the President requires of them, and cooly adopt ai. 
amendment in our organic law. abolisliiiig an institution of 
the State, which existed before the days of our sovereign 
capacity— an institution regarded as the foundation of our 
prospoi'ity ; and we are to do it now for State reasons, and 
not because of outside reasons, or outside pressure, but purely 
as a matter of State policy- 

This Convention, professing to act as a free Convention 
of free people, prop-, ses to declare it a matter of policy ; in 
other words, it proposes to declare that the prosperity of 
the State does not depend upon this great source licrctofore 
of its produciivG. industry and prosperity. Although as I 
have said, this is i.erliaps the public declaration, v*''e know- 
there is something behind it. ■ And I ask gentlemen who 
are disposed to regard such suggestions from abroad, and 
to take su,o-gcstions as they come from-Washin,2:toD, to admit 
frankly the true reasons for their action. It has neen de- 
clared over and over again, by the whole North, that they 
l^ad wiped out slavery here in the South. If that is the fact, 
acton your own policy gentlemen, and frankly admit it. — 
If that is not the fact, then let it alone. 1 beg of the gen- 
tlemen of this C^nivention to consider v/Iiat is due to tlie 
character of the State, and what is dac to themselves. Do 
we adopt this as a measure of public policy, best adapted to 
promote the material prosperity of the State oi Mississippi ? 
I)o we consider it necessary as a matter of policy, and for 
the prosperity of the State, to change our labor system ? — 
If we do, let us frankly declare tliat ; but sir, in any event. 
let it appear why it is that this amendment was adopted. 

Mr. Jarnagin, of I^oxnbee, nioved to postpone the fiir- 
tlier considoi'atioii of the report until to-morrow Tuorning. 
9 o'clock. 

Which was lost. 

Pending the fnrthei' consideration <)f the substitute, 

Onniotionof Mr. Barr, the Convention adjon.rned n3.iti'r 
4 o'clock, p. :\[. 



FOUR o'clock, p. :\i 



The Convention met pursuant to adjournment. 
The substitute oiiered by Mr. Barr, for the second section 
of tlie Iie]:>ort of Committee, was then taken up ; wdien 



MISSISSIPPI COXSTITL'TIOXAP (OX Vi:XTIOX. 53 

Mr. Hall, of Coviuo'tOii, offered the followiiio- aineiid- 
vdent : 

Slaveiy liaving been abolished in consequence of the war, 
resulting from an Ordinance of Secession, adopted 9th Jan- 
nary 1861 ; therefore, 

it is hereby ordained hj the j>eople of the State of Jlis- 
nsslpjnin Convention assembled. That neither slavery nor 
involuntary servitude, otherwise than in the punishment ol 
crimes, whereof the ])arty sliall have been duly convicted, 
ifhali hereafter exist in lliis State ; and the Legislature at 
its next session, and thereafter, as the public welfare may 
require, shall provide by law for the protection and security 
of the person and property of the Ireedmen of the State, 
and guard the:n and the State against any evils that may 
arise from their sudden emancipation. 

Mr. Cooper, of Rankin, moved to hiy the suljstitiito 
iiiid aniendnient upon the table. 

Mr. Earr, of Lafayette, asked that t\\ii substitute aiid 
Liniendnient be voted upon separately : wliicii nut feeing 
entertained ])y the Chair, 

The question was taken upon theniotioii of Mr. Cooper, 
and decided in th(^ attirinative, by yeas and nays, called 
for ])y Messrs. Barr, Coni].)ton and Lewei's, as follows, to- 
wit:' 

Ykas. — Mr. President, Messrs. Byars, Bond, Blackv/ell, 
Biliups, Binford, Brandon, Cason, Cooper, of Rankin, Car- 
ter, Crawford, Cummings, Duncan, Farley, Gaither, G.ulley, 
Griiiin, Hemingway, Hamm, • Houston, Barrisbn, Home, 
Hill, Jones, Ivennedy, Lindsey, Loper, Lewis, Martin, of 
Adams, Montgomery, Mayson, Morphis, Niles, Owens, of 
Tunica, Owen, of Scott, Pressley, Peyton, Rives, Rushing, 
Banders, of Attala, Simon ton, Sparkm^^n, Stanley, Wallace, 
White, Wooley, Webb, Wylie, W'er, Yerger. — 5i. 

Nays. — Messrs. Barr, Bailey, Brown, Corapton, Cooper, 
of Panola, Crum, Dqwd, Franklin, Goode, Go wan, Hurst, 
Heard, HalJ, Hudson* Jaruagin, Johnson, ol* Mf) shall, John- 
son, of Smith, King, Lowers, Lambdin, Marshall, Martin, of 
Sunflower, Maury, Malone, Matthews, Potter, Phipps. Quinn, 
Reynolds, Reid, Sanders, of DcSoto, Swett, Stone, Siover, 
Trotter, Tate, Wall, Watson, Wade, Woodward, Wilson.— 
41. 

Mr. Johnson, of Smith, offered the following, as a substi- 
tute for .section two : 

''Amend, by striking out section two, and insert the fol- 
lowing : 



54- ]'iio(;j-;)-;i)iM.< xsd di 



AMvs IX mi': 



\YuiAikA>., Africaii s]r.vory in ihe Stale of Missis.-ippi, has 
been abolished by the power ar.d authority oi" the United 
Slates Governnicrit, and the loval peopJe oT tlio State having 
been sworn to aliide l\)\ and iaithriiljy support the |.n'0cha- 
mations of tlio President of the U in ted Stat'\-', nnd tl-.e, lawrf 
of Congress, in refci'eriee 10 tlie ejnaneipaiion of slaves ; and 
the peojde (d the State of Mississippi, beinu- desirous of 
aclinp; iu iMod faith ; therefore. 

It /i' oi'ilauted and declared by the loyal people- (f ifn'- 
State of Jjltssissippi in Convention assemhled^ That African 
slavery shall never Ijc restored in ihc State of Mississippi, 
by State action ; nnel invylnnta1:y servitude sliaU only exist,, 
as punishment lor eiimes or misdf*meanors, wfcrc'^f the 
party has been duly convicted ; and the Leg"is].aiurc at its 
next session, and thei-eafier as the ].)ublic welfare may re- 
quire, sladi ptfjvide by law for the )>roteetiou sind security 
of ihe person and properly of the negroes and mnlaltoes of 
the State, and guard them and the Stule ;ign'i I ejiv evils 
that niav arise from their emancipation 

Mi'. Harrison moved to lay tlie suhstituli; tipiji. i'-e iabicj 

Which was decided in die afiirmative. by yeas and nays, 
called for by Messrs. Potter, Barr and Phipps. as follows .: 

Yeas. — Mr. P'osidert, Messrs. Byars, Bond, Black v/ell, 
Billips,Binford, Bi-andon. Cason, Cooper, of Ilankin, Car..er, 
'Crawford. Gumming^-, Criim, Duncan, Dorris, Davis, Dowd, 
Farley. Gairher, Gulley, Griffin, Hemingway, Hall, Hnmm, 
Houston, Harrison, Home, Hill, Jonep, J-dinston, of Hinds, 
Koenedy, Lindsay, L'oper. Lewis. MiirdialKMai'tin of Adams, 
Martin of Sunflower, Montgonery, Maysorf, Morpbis, Mies, 
Owens, of Tunica, Owen, of Scott, Pi-essley, Peyton, Rives,. 
rviigho.rjg. Sunder^:, of Attala. Simbntou, Spm-kman. Stanley,, 
Slover, Wallace, White, ^Vooley, Webb, Watson, Wade, 
-V/ylie, Wicr, Yerger— Gl. 

Nays. — Messrs. Barr, Biiley, Jirown, Oompton, Cooper, 
of Panola, Franklin, Goode, Gowan. Hurst, Heard, Hudson., 
Jarnagin, Johnson, of Marshall, Johnson, 0^' Smith, King, 
Lewers Lambdin, Maury, Malone, Matthews, Potter, Phipps, 
Quinn, Reynolds, Reid, Sas'ders, of DeSoto, Swett, Stone,, 
Trotter, Tatp, Wail, Woodward, Wilson.— B-b 

Mr. Jarnagin ofi'eicd the lollowing as a substitute for 
section two of the report of the Committee : 

The State of Mississippi, fully recognizing the laws of 
Congress, and the proclam''aion of the President of the 
United States, in reference to the emancipation of slaves, 
and hereby ordains : That neither slavery nor involuntary 



:M]bSisi iM'i ( ^< )NSTiTi;'ri( )N a i. ( ■c:\ vkxtk )X. .:);> 

servitude, otherwise tliaii in the punishment of crimes, 
whereof tlie party fchall iiave been duly ronvictcd, shall 
hereafter exist in this State ; and the Ley^islatureat its next 
session, and tiiereaftcr, as tiie public welfare may require, 
shall provide by law for the protection and security of tlie 
person ard property of the freedmcn ol the Slate, and 
guard them and the State, against any evils that may arise 
from their sudden emancipation. 

Which., on motion of Mr. Ilari-ison, was laid upon the 
table. 

Mr. Pottei', of Hinds, offered the following as a substitute 
for section second : 

Whereas, Certain authorities of the United States, do 
claim, that, by force cf certain proclaniations of tlie Presi- 
dent, and of certain acts of the Cono'ress of tiie llni'-ed 
States, ail colored persons, heretofore held as slaves, in this 
State, are, of light, i^vee ; v-^hich said claim is now enforced 
by military power, against children of tender ye?5rs, and 
other innocent pei'sons, as well as against those implicated 
in the recent rebellion ; and 

Whereas, The Government of the UnUcd States lias, by 
acts and resolutions of Congress, and otherwise, acknowl- 
edged the o))ligation and duty restiui? upon it to make com- 
pensation to proper parties, for their slaves, emancipated by 
its authority : but has neither paid, nor promised, to any 
party entitled as aforesaid such just compensation, as by 
the Constitution it is bound to render; and whereas, the 
constitutional validity and operative effect of said a ledged 
acts and proclamations are questions proper for the decision 
by the appropriate judicial tribunals ; and 

Whereas, The good people of tins State, reserving to 
parties entitled, full power to assert iu the proper forms, 
any of their rights and claims in the premises, do at pres- 
ent submit to the said claim, asserted and enforced by said 
authorities ; and in so submitting, do now treat said portion 
of said colored population as if free, and will continue so to 
regard and treat them until the said al ledged acts and pro- 
clamations are annulled by the proper tribunals, or are 
otherwise lawfully vacated. 

jBe it further ordained^ That the Legislature of this 
State be, and is hereby authorized and required at its next 
ensuing session, and from time to time, as may be proper, 
until such time as S'iid alledged acts and proclamations are 
lawfully annulled or vacated as aforesaid, to enact all need- 
ful and proper laws, rules and regulations, to secure to said 



Ob iTvOCEEDlNGb AND DEBATE^ IX TilE 

colored population, protection and just'co ; and to regulate 
their labor, secure industry and sobriety, prevent vagrancy, 
idledness, pauperism and crime among them : and promote 
the peace, order and prosperity of the State. 

Mr. PoTTEit, of Hinds — Mr. President : In arisiug to pre- 
sent my views, and to urge the adoption of this yn'oposition, 
I trust that I do so with a full sense of the obligation and 
responsibility cast upon me as a delegate to this Convention. 
I desire to express my views jjlaii^^ and freely, as I believe 
the adoption of them would be mv the best interest of the 
State ; and, in doing so, I shall regard, not the things that 
may be approved outside, but the great good of the State 
and the country. Before, sir, I proceed to discuss directly 
the propositions contained in this substitute, I wish to ex- 
amine a little the condition of the State after four years of 
disastrous war. 

If we are to ]udge from expressions used by delegates, by 
official persoaages, and by citizens in the community, it is 
plain that a great contrariety of opinion exists as to the legal 
condition of Mississippi at this time. .1, sir, adopt the pub- 
lic position of tlic President of the United States, as avowed 
in his published official documents, and addressed to this 
people for tlieir information regarding the true condition of 
Miss'ssippi. The condition therein indicated is, that our 
State to-day, notv.-ithstanding the acts of secession, notwith- 
standing the war of rebellion, is still a State of tiie Union, 
w^ith all her rights and privileges under the Constitution, 
precisely as she stood in the day when slie was admitted in 
the year 1817. She stands, under that Constitution, the 
co-equal of every other State in tliis American Union. So 
regarding her, and feeling' myse'li under special, solemn ob- 
ligations to regard and support the Constitution of the 
Wnited Statos — tliat obligation being higher and above all 
others — I am not disposed 1;o submit to any condition:-* im- 
posed upon this State as conditions to the a.dmission of her 
Senators and Representatives into tlie National Congress, 
that are not authorized by theXational Constitution. "l ajn 
sworn to support that Constitution, and will not be a party 
to any action pursued in submission to dictation, from any 
source whatever, imposing conditions precedent to such ad- 
mission. I cannot regard it as lawful that our Senators 
and Representatives shall be first required to t?.kc a special 
oath contained in the acts of Congress — a sort of test oath 
of loyaUy--the sum and substance of which may be stated 
in this wise : that no man can present himself there, as a 



MISSISSIPPI CONSTITUTIONAL CONVENTION. Oi 

Eepresentative of a State, who has even smeiled the recent 
rebellion. I say, I cannot recognize the constitutional right 
of Conorress, or any other body, to impose that oath upon 
the delegation that Mississippi may choose to send to the 
Congress of the United States. I cannot recognize any au- 
thority in the General Government, or any of its depart- 
ments, to impose upon the people of Mississippi a condition 
that she shall present herself there with any special or par- 
ticular clause in her State Constitution, before her delegate? 
shall be permitted to take their seats. 

As I understand the position of the President of the 
United States, he takes precisely this view of the subject. 
Pie holds that Mississippi is a State in the Union, under the 
Constitution, and entitled to the full enjoyment of its bene- 
fits and guarantees. In his official proclamation for re-or- 
ganization and the re-establishment of civil government 
^ere, he has affirmed these truths, and has conceded our 
right of representation in the Congress of the United States. 
He has prescribed no terms or conditions such as seem to 
be assumed by gentlemen in speeches out of the house, and 
by their votes here, regarding this ,«lavery question. I state 
his position to be, that he is willing to admit our delegation 
with the Constitution just as it stands. I know there has 
been a contrariety of opinion on this subject, which has 
arisen, in no slight degree, from incorrect reports of the ad- 
dress of the Federal Executive in his interview with a cer- 
tain delegation from the State of South Carolina. I hold 
in my hand a report of those proceedings, contained in the 
"Eational Intelligencer,'^ of the 27th of June, and will read 
an extract to show you his exact position: 

^'Delegate — Can cur admission or rejection depend upon 
our adopting, or not adopting, what you think riirht?" 

^^ President — No, I only advise — I would have you un- 
derstand me more correctly. 

^^ Delegate — Then is this a sine qua non to our being res- 
tored?" 

'■^President — You must see that the friction of the rebel- 
lion has rubbed slavery out, and I assume it would be letter 
for the people, through their Convention, to make it legally 
and constitutionally dead. The people, in coming forward, 
would better recognize that fact. 

I take it, sir, that this report contains a correct state- 
ment of what passed at the interview between the Presi- 
dent and the South Carolina delegation ; and the tenor of 
his language is purely advisory. Another portion of this 



58 PEOCEEDIXGS AND DEBATES IN THE 

report represents the President as advising the delegation 
to adopt a free State Constitntion, and the proposed 
amendment to the Federal Constitution abolishing slavery 
wherever the jurisdiction of the United States extends. The 
The President says : ''AVhen you have done all this — when 
you have adopted a free State Constitution, and the propos- 
ed amendment to the Federal Constitution, it remains for 
the Government to admit you, or leave you out in the cold, 
to use a common expression." He neither promises one 
thing or the other, and gives us no hope, even though we do 
adopt all these amendments. All we can say, then, as to 
the position of the Executive, on this subject, is that 
he tliinks it would be hetter to do this ; but he imposes 
upon us no condition precedent. Such a condition, imposed 
by him, would be in direct contradiction to his public dec- 
larations. He asserts that the people have, from the begin- 
ning, possessed the right to determine who shall constitute 
the voting population of the State. After making this dec- 
laration, he cannot interpose against a State, and change 
the law relative to voters. How contradictory would it be 
for him to attempt to dictate to the people of a State what 
particular sort of a Constitution they should have — to dic- 
tate to them that their delegates should not be admitted to 
Congress, unless the people of the State, in Convention as- 
sembled, should adopt a clause forever prohibiting slavery 
in that State! x^o, sir! The position of the President is 
exactly the reverse of that ; and the inevitable legal conclu- 
sion from his proclamation for the re-organization of this 
State, is, that lie is in favor of the admission of her senators 
and representatives, if qualilied under the Constitution. 
without any o'hcr terms or restrictions being imposed upon 
them. 

I say, further, that were we inclined to submit to dicta- 
tion Irom any quarter, I should insist that the dictation 
should be plain and explicit beyond the possibility of mis- 
apprehension. 1 say. sir. if the President has any purpose 
to exact of this people — the insertion of a free clause in her 
Constitution — it is his duty so to declare publicly, in a for- 
mal document addressed to them for their information. It 
will not do for it to be given out that the President desires 
this and desires that, when he is dealing with the people of 
a sovereign State. I cannot consent to receive Executive 
hints on this subject. I wish the thing plain and outspoken 
on his part, that I, in my capacity of a delegate of the people, 
may be able to respond in like manner, by way of answer. 



MISSISBirri CONSTITUTIONAL CONVENTION. 59 

I will not receive hints even from him in a matter so impor- 
tant to the interest of the States. It does not become the 
delegates of a great people to listen to liints inerely, from 
any quarter. I can say, sir, if the President of the United 
States is ashamed publicly to declare his wishes, then I ana 
ashamed to consent to any Welshes he may convey to me by 
way of Jdnt or inuendo. het him take his share of the res- 
ponsibity, and 1 take mine, as a representative of the peo- 
ple ; and when gentlemen talk me about the wishes of the 
Executive, let them show them to me in a public document 
issuing from him and addressed to us as a people ; for I can 
believe none not thus coming from him. 

Inasmuch as the President of the United States has not 
officially notified this people that he insists npon this 
amendment as a condition to the admission of their dele- 
gation, I must say that no such desire exists on his part. 
He will insist on no such condition. I say it from the 
fact tliat he has not notified the people that he wonld so 
insist. Can I be guilty of injnstice so monstrous against 
the Executive of a great people as to assume that he will 
declare his wdshes by private telegraphic dispatches or 
hints to one gentleman, and inuendoes to another, that 
may or not reach any other citizens of the State; and ^\l\\ 
then hold this people liable if they fail to come up to pro- 
posals and conditions that he keeps secret in his breast — 
conditions of the existence of wdiicli they are in no man- 
ner or form publicly notified 'i I cannot assume it. I can- 
not do the i«[ational Executive that great injustice. I 
therefore say, in view^ of the circumstances, that the Pres- 
ident exacts no snch condition from this people. I say 
further, sir, that, although he may suggest by way of ad- 
vice to certain individuals, tliat it is politic to adopt a tree 
State Constitution — politic to adopt the amendment to the 
Federal Constitution which wTnild give to the Congress 
of the United States jurisdiction to legislate over the freed 
population, in spite of the desire of the people of the State 
— 1 cannot say, I cannot assume, thattlie President of rho 
United States even advises this to be done. He has not 
notified this people in any olncial form whatever that 
such is his advice. IN'o, sir, the Executive of the United 
States knows better what becomes himself, as an individ- 
al, and as the great Executive ofiicer of the nation — bet- 
ter Avhat is due to a great State of the Union — than to as- 
sume any such function as adviser to a sovereign State. I 
say then, that in my view^, so far as regards tlie National 



60 PKOCEEDJNGS AND DEBATES IN THE 

Executive, we stand entirely unrestrained — we stand en- 
tirely without advice in this particular. His purpose in 
issuing the Proclamation is, that the people of this State 
may enjo}^ speedily the benefits of a I'epublican ^overn- 
inent, and the blessings of liberty, regulated by law\ How 
does he propose this shall be done? He proposes to ap- 
point a Provisional Governor, and that Governor has to 
take the initiative. In his interview witli the South Car- 
olina delegation, he says the Executive can only do thiSf 
leaving it lor the people to carry out for themselves the 
objects had in view. The Provisional Governor can issue 
a call for the Convention, can see that the delegates are 
properly qualified according to the terms of the Procla- 
mation, and then the functions of the Provisional Gover- 
nor, or of the Executive, as connected with them, cease. 
It is then for the delegates of the people to go on, and, by 
new provisions, organize civil government in tlie State of 
Mississippi. 

It is one of the great purposes of the proclamation to- 
re-establish here in the State the functions of civil govern- 
ment, which have been suspended during the recent war 
of rebellion. What other object has the Executiv^e in 
view, as indicated by his proclamation ? It is, that steps 
should be taken by the people of Mississippi lor their due 
representation in Congress, according to the Constitution 
of the United States. These are all the purposes indicated 
by the President with re2:ard to this matter ; and now I 
desire, gentlemen of this Convention, to bear in mind this 
especially : that there is no suggestion from any quarter, 
or any threat, or any hint on the part of anybody, that 
the Government which may be organized through the la- 
bors of this Com^ention, and put in operation for the State 
of Mississippi, vrill be overturned or suspended in its ope* 
rations, whether we adopt a Free State Constitution or 
not. I say, I have yet to hear the first intimation of a 
threat from any quarter, that the Government which we 
shall establish and organize here, will be interfered with 
in any manner whatever. That is not the danger which 
gentlemen on the other side suggest to the apprehensions 
^f delegates. They do not venture to say the Executive 
will overturn a State Government, established in accord- 
ance with his own invitation, through the agency of his 
own Provisional Governor, and in accordance with the 
regulations he has prescribed. There is no suggestion of 



MISSISSIPPI CONSTlTrTIONAL COXVE^s'TION. 61 

that kiDcl. As I said before, there is no clanger that the 
Executive will interfere in regard to tlie admission of our 
delegation into Congress. That is not the danger. What 
is the danger i I ask gentlemen to consider, and not min- 
gle one thing with another ; nor confound the innocent 
Executive with any wlio may become guilty parties in 
this respect. I admit, sir, there is a party at the I^s'orth, 
and I think it probable there is a large party in the Fede- 
ral Congress, who will insist upon imposing on the State 
of Mississippi, through her delegation, illegal restrictions. 
They will say : your delegation shall not be admitted into 
Congress until the people of the State have complied with 
certain conditions. One of these conditions is, that they 
shall have adopted what is called the Free State Constitu- 
tion. Another of these conditions is, that the population 
lately occupying the position of slaves in this State, shall 
be raised, by State action, and that immediately, to the 
position and dignity of equals with the white population. 
There the danger lies. And let me warn gentlemen, that 
in adopting this Free-State clause with a view to secure 
the admission of our delegates into Congress, there is ex- 
ceeding danger that we yield too much, because they do 
not yield enough. I say. sir — paradoxical as it may seem 
— they yield too much, because the}' do not yield enough. 
They yield so much as will encourage, as will incite, as 
will prompt and invite to further aggression ; but they 
do not yield enough — their sacrifices are not large enough 
to appease the appetites of those to whom they oifer them. 
So soon as you are prepaied to come up to the stand- 
ard ; so soon as you will make in this State a perfect 
equality between the two races, I will guarantee that your 
delegation will be received ; its admission will be hailed 
by the parties whom you seek to propitiate ; but I cannot 
guarantee that it will be hailed by any national, constitu- 
tional, conservative man. who may happen to be in the 
councils c»f the nation. It seems to me, Mr. President, 
that gentlemen, in presenting this matter, lose sight alto- 
gether of human nature, and especially of depraved politi- 
cal human nature, so to speak. 

There is a controlling party in Congress at this time 
that sees, as we see, thatits*political existence may depend 
upon the rejection of the delegations from these Southern 
States ; and it is for delegates to consider the probability 
whether these gentlemen will consent to this species of 



62 PROCEEDINGS AND DEBATES IN THE 

political suicide — the extinction of tlieir party, by permit- 
ting the admission of these delegations. It is a great 
question of party with them — the continnance in power as 
a party ; and, in onr deliberations here, we sliould never 
lose siglit of tills and other facts connected with the sub- 
ject. Whether that extreme party which insists upon free 
suffrage and perfect eipnility, now controls the legislation 
of Congress, I caimot tell ; but I say this to gentlemen ot- 
the Convention, tliat if it possesses tiie majority, and in- 
sists upon the duty of the governrjient toraise this popula- 
tion to erpuility witii the v^dlite citizens of the State, then 
we may assume it as certain tlia.t our delegation will not 
be admitted. On tiie (jther liand, if we are in tlie major- 
ity — if the majority c^uisists of men of jnst constitutional 
vievrs on this sul>ject — thou we will be admitted under the 
terms of the Constitution, whether we have a free Constitu- 
tion, or present ourselves as the members from Mississippi 
have presented themselves since the year 1832, upon this 
old Constitution. If the pady in povrer desires to impose 
tliis condition of free sufiTai^e upon us. we cannot avoid it 
by any submission short of that. If the parly in power in 
Congress is a constitutional party — if it regards the right 
of the States to regulate their own domestic concerns in 
their ovrn way — why, then, it will admit our delegation as 
in times of old. What, then, do we gain on the question of 
expediency, by the policy suggested by gentlemen on tlie 
other side ? Can they give to this house any assurance 
whatever, that if we do as they propose, our delegation will 
be received ? No, sir ! 

But, they say, if this be done, the President will probably 
remove from our midst these bayonets ! Well, Mr. Presi- 
dent, [I believe it is an historical fact, for something like a 
year, that a free State Constitution has existed over the 
State of Tennessee. They there did, a year ago, what it 
is now said the President desires we should do ; and 1 ask 
gentlemen to inform me how it is. and why it is, that the 
military forces of the United States still exercise sway in 
that State ? If it is probable, if it is to be hoped even, that 
the President will remove them from Mississippi when w~e 
adopt this proposed amendment, why is it that he has not, 
within this past year, removed those troops from the soil of 
Tennessee ? ' » 

I had a.n order vrhich I have not at hand now, issued by 
Major General Slocum, on tlie Bd of August, Vvdiich recites a 
recent order issued liv tlie controllin:^ cfuccr of the Freed- 



MISSISSIPPI CONSTITUTIONAL CONVENTION. 63 

man's Bureau at Washington, which order was approved by 
the President of the United States in the month of June 
last. According to the recital of this order, (in order No. 
10.) by General Slocum, it directs that the officers of the 
Freedman's Bureau, and the military officers of the United 
States, shall so act and conduct themselves in relation to 
this negro question, as to convince everybody not only that 
the negro is free, but of the necessity of adopting such legis- 
lation as will prevent further interference of the military 
authorities on behalf of the negro. That order, according 
to the statement of Gen. Slocum, was approved by President 
Johnson himself in the month of June last. I wish the 
house particularly to bear that in mind. Here, then, is an 
order, and its direction to the military authorities is, that 
tliey are so to conduct themselves as to convince the people 
down here of the absolute necessity of adopting such laws 
as are considered necessary and proper in relation to this 
matter — not such lavrs as this people, acting as a free peo- 
ple in their legislative capacity, or in their sovereign 
capacity, would freely adopt ; but such laws as the Federal 
authorities may regard in the premises. In the order there 
is this further declaration, that so soon as the courts of Mis- 
sissippi recognize that the black man has the rights of the 
white man, then the military will not interfere. I regard it 
an important matter, and I take occasion to say now that I 
will look up the order and have it read to the Convention. 
Now, sir, here is the public position of the President of the 
United States — a bureau order approved by him ; and it re- 
quires more than is proposed in the ordinance reported by 
the committee — more than they are required to grant. 
Gentlemen have not come up to the requirements of the 
Presidents order in this respect. Then, sir, if we regard 
this order as an indication of the purpose of the National 
Executive, I ask how can gentlemen assume — how can they 
-flatter themselves, that the proposed orainance will prove 
satisfactory ; or that its adoption will in some way result 
in the removal of the armed forces from the State ? Until 
jou recognize the negro as your equal in the courts of jus- 
tice, you cannot hope it ; until the act of Congress in rela- 
tion to freedmen is repealed, we cannot expect the removal 
of these forces. It is knovrn to the members of this Conven- 
tion that wherever the officers of the Freedmen's Bureau go, 
there go the bayonets for tlieir protection and the enforce- 
ment of their orders. 

The act of Congress provides that this bureau shall be 



6i PKOCEEDINGS AND DEBATES IN THE 

continued for one year after peace is declared. IS'ow, Mr. 
President, although it be true that the Executive authori- 
ties of the United States have declared to the nations of the 
earth that peace exists here in Mississippi — that peace ex- 
ists through all this Southern country— that peace exists 
through all the United States — they have not declared that 
fact to us in such a way that we can realize or appreciate 
it. We are the only portion of the people on God's earth, 
sir, that have not been informed tliat peace exists' through- 
out the United States. Military operations still go on here, 
although there is no clashing of arms. Our people are at 
peace, as they were in times of old. When will come that 
time when peace shall be declared by the Federal authori- 
ties as existing in these States ? I cannot say : but when 
that time does come — when theExecative chooses to declare 
that peace exists in Mississippi — then in one year from that 
day, under the express terms of the acts of Congress, the 
Freedmen's Bureau is to be continued in the State. I have 
heard it said by gentlemen — that they understand the Presi- 
dent has promised that as soon as we got right in certain 
particulars, this bureau shall be removed ; but the act of 
Congress will interpose and prevent what he might desire in 
this respect. Unless he can procure the repeal of that act, 
he cannot carry out any pledges he may make in this par- 
ticular. 

Looking to the acts of Congress, a'-d to the executive 
orders for the employment of the military to pursuade the 
people to the enactment of supposed proper laws, there is 
2iO present prospect of the speedy removal of the military 
forces from this State. I ask then, Mr. President, that gen- 
tlemen will explain to us what is sought — what is expected 
to be gained by pursuing a course of supposed subserviency 
to Executive views in regard to this matter ? Is there a 
reasonable prospect — is there a hope even, that our delega- 
tion to Congress will be admitted any sooner if we adopt 
the proposed amendment to the Constitution i Can gentle- 
men give us any reason to expect the military forces will be 
removed one moment sooner if we pursue that policy ? If 
the gentleman can give no reasonable ground for assurance 
in either of these particulars, what can they offer to induce 
lis, as delegates from an independent people, to pursue a 
course of subserviency, to gratify the wishes of any party or 
person, outside the State of Mississippi ? Until they do 
this, their plea of expediency utterly fails them. 

They come to me and say, "your views of the subject is 



MISSISSIPPI CONSTITUTIONAL COXVKNTIOX. 65 

legal — it conimends itself tr) tl)o i-ea.-oii of every one — it ig 
constitutional — it is just — but yon have outlived liio Cnnsti- 
tutioTi ; you have outlived the palmy days of the Republic, 
are are a sort of an old fogy waking up in a new era of new 
ideas. You insist on these terms and conditions for your 
State, which would have been just and proper, and have 
met the approbation of everybody in the days of old. before 
the rebellion: but they are now entirely out of order." Well, 
Mr. Prpsident, it is my sworn duty, to regard this slavery 
matter, and do right and justice concerning it ; but, sir, it is 
also my duty, ray sworn duty, to maintain the Constitution 
of the country. It is my sworn duty to vindicate and main- 
tain the liberties of the State, and of its people. 

Some gentlemen with whom I have conversed, who have 
taken an oath that is not very popular in the State, but 
very common, consider that the party taking it becomes 
bound to abide by and faithfully support the acts and pro- 
clamations passed during the war with regard to the eman- 
cipation of slavery ; and they think that is the whole of the 
oath they take ; but, sir, it is only a part of it — according 
to my legal apprehension, the minor part. We are solemnly 
bound " to support, protect and defend the Constitution of 
the United States, and the union of States thereunder." — 
i^ow, sir, you may raise a suit regarding the validity of the 
Federal Constitution, and bring in the weight of law and 
musty law records, and law rolls ; you may employ any 
amount of logic and ingenuity, but you can get from no legal 
tribunal the declaration that your Constitution is illegal or 
void ; but, sir, if you start a suit Avhich involves the validity 
of these laws and proclamations for the emancipation of 
slaves, you may, or you may not, as the mind of the court 
may be constituted, procure a declaration that they are un- 
constitutional. 

'Now, to show which is the superior part of the oath we 
have taken, let me suppose the Supreme Court of the United 
States declares that the proclamation, and laws referred to, 
are null and void, as repugnant to the courts of the United 
States. I ask any gentleman on this floor, to say, if he can, 
that after the Supreme Court had thus annulled these laws 
and proclamations he would still support them, against his 
oath to support the constitution ? ^o, if the court of the 
United States should declare these things void as against the 
Constitution, you conld no longer abide by and support 
them : for the oath to protect that Constitution would still 
be of binding force. This shows, beyond dispute or cavil, 



66 PROCEEDINGS AND DEBATES IN THE 

which is the superior and paramount obligation containe'l 
in the complex oath that the people have been required to 
take. Let me oifer another suggestion in regard to this 
oath— and I doit from what I liave heard in conversation 
with a member of this house. Because he had taken this 
oath, he considered that he mnst vote for tiie free State 
amendment — tliat he must support this clause in the report 
of the committee. Let me say, in all candor, without in- 
tending to wound tlie feelings, or touch the sensibilities ot 
any citizen attempting to support or abide by the amnesty 
proclamation, that he who votes for a free clause in tlio 
constitution on that ground, gainsays the validity of the 
laws and proclamations lie has sworn to nphold. Why voto 
lor this constitutional amendment? It is because slavery 
is not abolished ? The proclamation you are sworn to abide 
by and support, declares that it is abolished. Do you as- 
sume that it is yet not abolished? Then you do not abide 
by the proclamation— you do not abide by its words, by it-^ 
purpose, by its terms. You assume it is null ; and therefore 
yoii go onvJ3y your own will and in your own power, to vote 
ViQ abolition of slavery ; and when you return to your con- 
stituents, acting with that view, you cannot say, 'T have 
abided by and faithfully supported the proclamation regard- 
ing emancipation;" but yon can say, "I and my associates, 
representing the majority of the people of jMississippi, liave 
abolished slavery. °" So, sir ! A man who takes that oath 
is not bound to support such an ordinance as that proposed : 
nor to prop up either proclamation or laws, or do anything 
of the kind, that would raise a doubt in the minds of th<) 
people, whether those laws and proclamations are of any 
force or validity of themselves. I say then, sir, that legally 
every member is perfectly free to vote for or against the 
amendment, according to the dictates of his judgment as 
to wiiat may he for the best interest of the State: and in 
taking either course he equally alndcs l^y the ol)ligation- 
he lias come under in taking tiie amnesty oath. 

He lets those laws and proclamations stand as they are, 
and abides by them and supports them in all their extended 
operation whatever that may be, for better or for w^orse. It 
VfC do thus abide by those laws and provclamations and con- 
tinue to so do, so long as they are neither annulled or vaca- 
ted by .judicial proceedinos or otiier lawful authority, do we 
^'or, i': -pirit and in truth, abide by our oaths? Until thus 
c !-■:-. ^'^i to the contrary, wepro]jo^eto continue to treat 
tLCin us valid, and to consider these colored people as ji 



MISSISSIPPI (OXSTITUTIOXAL CONVENTION. 69" 

free. Do we not in that respect, sir, come up exactly to 
what gentlemen have proclaincd were the wishes of the 
President i Eecognizing the present condition of affairs, I 
propose to go on, and by solemn ordinance to authorize and 
require the Legislature of this State, at its next ensuius: 
session, and from time to time, as it may deem necessary, until 
I'ach time as the action of tlie Federal Government is law- 
fully vacated— to pass all needful and proper lavrs and regu- 
lations in regard to this population, to secure to them pro- 
tection and justice : and regulate their labor : prevent idle- 
ness, pauperism and crime among them ; and preserve the 
peace, and promote the general welfare. Docs not the pro- 
position I suggest cover the wdiole ground? all that can l)e 
asked or wished, and is it not done in perfect aood faith ? — 
Why, sir, what did the late President Lincoln declare on 
this subject? De admitted that the courts of the country 
might annul his emancipation proclamation and thiC acts of 
Congress passed in aid of it. The truth is, that these acts 
present great judicial questions, proper to be decided by the 
courts: and there is no possibility of evading a decision. — 
We]], there is just where I propose to leave tiiC question. — 
We submit to the proposition tliat ti)ese slaves are free, for 
the present, and, perhaps, for all time to come, subject only 
to a determination, by tiie a|)propriate judicial tribuual, of 
the questions involved. 

Suppose the Supreme Court of the United States should de- 
clare these acts and proelamatious to be utter nullities and 
void, as repugnant to the Constitution, then, gentlemen, what 
have you done in vain here ! Suppose, on the other hand, that 
the Supreme Court, as it is said will probabh^ be the case, 
shall declare that those acts and proclamations were, under 
the circumstances, legal and obligatory, and that by force of 
them, slavery was abolished in this State. When the Supreme 
Court does that, it declares in a manner not to be denied, that 
the whole work of abolishing slavery in the State of Mississippi, 
was the work of the United States ! It casts upon the United 
States the whole responsibility connected with this great 
question ; and among those responsibilities, in my judgment, 
Mr. President, there is one of no small moment; That gov- 
ernment liavhrg set free the negroes in this State, having cast 
loose in the State, a large population, among whom were, thou- 
sands and tens of thousands of the aged, lielpiess and infirm, 
made paupers for somebod}- to support. In such case, 
every sentiment of justice, duty and honor, would dictate that 
the Federal Government should make adequate provision for 
th^^ ?i'io.>':'>'" <j^' t\i<'' luj-'je paujjer popuUitiou they have lirought 



tJS PliUCEKDING-S AND I)P.BATES IX THE 

into tliis condition, by taking them from those from who, by 
laAv, were obliged to support them. Suppose we act upon the 
abolition of slaveiy, and adopt this ordinance declaring slaver}^ 
abolished here, what would be the result ? You may make 
appeals in vain to the Congress of the United States, to incur 
the expense of supporting this vast and needy throng. It 
will point you to your own State Constitution, declarmg the 
abolition proposed, and will tell you that those are the paupers 
of Mississippi, and that we should be taxed for their mainten- 
ance. Unless gentlemen can evade this conclusion, which 
I deem to be a logical one, I ask them to oppose the amendment 
reported, or count the extent of additional tax they will im- 
pose by an opposite action, upon an impoverished people. 

There is another matter, Mr. President, in connection with 
the proposed action of the Convention, to which I ask the at- 
tention of gentlemen, and that is, the eft'ect their action will 
have upon the question of compensation for slaves liberated 
and freed by the course the}' wish to pursue. Whatever msij 
be said of the mass of the population of this State, it is cer- 
tainly true, and beyond controversy^ that there are innocent par- 
ties here, who heretofore have been owners of slave property ; 
in many instances the helpless women and orphans of the 
^tate, had their all invested in this species of property. Hj 
no possiljility can any of them have' been implicated in this 
rebellion. Xo argument can be raised to relieve the Federal 
Government from making compensation to this class of our 
citizens. Let gentlemen reflect upon the consequences of 
their action in connection with these nnoffending parties, as 
regards their claims, for compensation. Whenever they come 
forw^ard and present their claims to the Congress of the United 
States, and demand payment for the slaves taken from them 
by the Federal Govermnent, if they are met by the ordinance 
proposed b,y the committee, what will become of those claims ? 
Is it not certain that Congress will respond to ail appeals of 
that sort by saying, '-v^hatever may have been the legal effect 
of the proclamations and laws of Congress regarding emanci- 
pation, one thing is certain — the State of Mississippi has 
adopted a valid ordinance, abolishing slaver}' throughout the 
State ; and whether these slaves were free by act of Congress 
or Presidential proclamation, or not, they are freed ]\y a sov- 
ereign State. We will not stop to discuss the question, but 
w^e say to you, the petitioners, go back to your State, look to 
your. State Constitution, and apply to the authorities of that 
State, for such compensation as the,y may deem proper."' I 
wish to leave this question of compensation entirely open, mi- 
affected b_y the action of the Convention ; and thus while we 
do all that we ought in the premises, so long as these acts and 
proclamation continue annulled l\v judicial proceeding, we 



MISSISSIPPI CONSTITUTIONAL CON VIONTION. 69 

lea,ve open all claims to compensation presented by any of our 
citizens. 

But I am told that this claim for compensation amounts to 
nothing — that we are not to suppose tliat the government of 
the United States will, in any time to come, pay it — that it 
will not recognize what all the world must declare to l:)e a solemn 
obligation and duty. Let us see wli ether the federal govern- 
ment has given our citizens any reason to suppose that it will 
fail to recognize right and justice in this respect. Why, sir, 
how was it after what we used to called "the late war with 
Great Britain ?'' The British armies took Southern slaves 
from plantations, and after the war the authorities of the Uni- 
ted States demanded compensation from the Britisli Govern- 
ment, and that compensation was made to the owners of those 
slaves. They were slaves taken, in time of war, by the ])ublic 
enemy. Again, when the late President of the United States 
was considering the propriety of employing our slaves to aid 
in suppressing the reljellion, he took the advice of the judge 
advocate general of the United States upon the legal questions 
involved — and was advised by him that the Government might 
legally take these slaves upon one of two grounds. One was, 
that they were property, and could be, as such, appropriated 
to public use, upon making due compensation to the owners, 
as required by the Federal Constitution. The other ground 
suggested by him was that they were recognized as persons 
as well as property ; "but" said the judge advocate general, 
"if you take them on the plea of their 1)eing persons, the con- 
stitutional oblioation rests upon you still to make compensa- 
tion." 

When the late President of the United States came to issue 
this proclamation regarding the emancipation of slaves in the 
insurrectionary States, he had this same matter of compensa- 
tion upon his mind. In the proclamation of September 22d, 
1862, is the declaration, that at the proper time the President 
would urge upon Congress, the duty of making compensation 
to lo3'al men for property lost in the South l)y reason of the 
war, including slaves. During the war, the Federal Govern- 
ment abolished slavery in the District of Columbia, awarding 
compensation to the owners of the slaves thus set free. Dur- 
ing the war, also, both houses of Congress adopted a resolu- 
tion declaring it the dutj^ of the Government, whenever an}'- 
State adopted a policy of gradual emancipation, to give pecun- 
iary aid as compensation. I say, then, Mr. President, that 
the Federal Government has acknowledged itself, over and 
over again, bound in duty to make compensation to proper 
parties on account of their slaves emancipated b}^ its authority. 
The debt of the country is great, and it may be some time 
before such claims are i^aid ; but we need not wait ; for the 



70 PlLOOEEmXGS AND DEBATE? IN THE 

Oovernment can, even now, make compensation to this people. 
It can, for years to come, relieve us from the burden of taxa- 
tion. Let the GoA'ernment say to tlie people of Mississippi, 
^'we relieve you from taxation for a series of years, in consid- 
eration of this de1)t for conipensation due 3'our citizens ; and 
in consideration that we so relieve you from taxation, you 
sliall pay oxer what you owe the go^^rnment to the proper 
parties amono' ^'our population.'" Would not that present 
relief be of great moment to this people ? Would it not l)e 
more to them than thousands or tens of thousands would 
iiave been but four years ago ? A mere pittance of Avhat is 
i'ighteously due on account of this emancipation, would be 
much, very much, to our impoverished people. I say we ha^'e 
no right to assume, without an appeal made for a fair com- 
pensation, that our right w^ill be denied ; or to assume that, 
against the interests of those Avhom we are, of all others, sol- 
emnly bound to protect — innocent children, women, and or- 
phans — our government will do this great injustice. 

I Avill submit for the consideration of gentlemen of the Con- 
vention, whether the plan I propose does not meet all that 
could be required of us l)}' anybody, if gentlemen persist to 
act upon suggestions of that kind. It proposes to acknowledge 
for the present time, and through all time, until the proper 
tribunals shall declare this claim of the government to be in- 
valid, all that can be required ; and is not this policy better 
tlian that which gentlemen propose ; inasmuch as it secures 
to those who are undoubtedly entitled to compensation, an uri- 
restricted opportunit}' to come forward and demand from tiie 
proper tribunals, compensation for the property they ma;^- 
iiave lost during the war. 

Mr. Harrison moved to lay the substitute upon the table, 

Which was decided in the nffirmative, by yeas and nays 
called for by Messrs. Potter, Marshall, and Johnson of Mar- 
shall, as follows : 

Yeas. — Mr. President, Messrs. Barr, Byars, Bond, Black- 
well, Billups, Binford, BrandoD, Cason, Cooper, of Rankin, 
Cooper, of Panola, Carter, Crawford, Crum, Duncan, Far- 
ley, Gulley, Griffin, Ilurst, Hemingway, Heard, Hall. 
Hamm, Houston, Harrison, Home, Hill, Jarnagin, Jones, 
Johnston, of Hinds, Johnson, of Smith, Kennedy, King, 
Lindsey, Loper, Lewis, Larnbdin, Martin, of Adams, Martin, 
of Sunilowe]', Montgomery, Mayson, Morphis, Niles, Owens, 
of Tunica, Owen, of Scott, Pressley, Phipps, Peyton, Quinn. 
Rives, Rushing, Sanders, of Attala, Simonton, Sparkman, 
Slover, Wallace, White. Wooley, Webb, Watson, Wvlie, 
Wier, Yerger.— 63. 

Nays. — Messrs. Bailey. Brown, Compton, Cummings, 



MlSSIbSlPri COXSTri'UTK)iVAL CONVENTIOX, Tl 

Powd, Franklin, Gaitlier, Goode, Gowan, Hudson. Joliusoii, 
of Marshall, Lewers, Marshall, Maury. Malone, Matthews, 
Potter, Reynolds, Reid. Sanders, of DeSoto, Stanley, Swett, 
Stone, Trotter, Tate, Wall, Wade and Wilson.— 2S. 

On motion of Mr. Potter, the Convention adjourned ur^tii 
to-morrow raorninff, 9 o'clock. 



SIXTH DA Y . 

Saturday, August 10th. 1865. 

The Convention met pursuant to adjournment. 

Prayer by the Rev. John Hunter. 

Journal of 3'esterday read and approved. 

Mr. Watson, of Marshall, asked leave of absence for Mr. 
McBride, of Madison, on account of illness. 

Which was granted. 

The Convention proceeded to the consideration ol tiie regu- 
lar order, to-wit : The second section of the report of the 
committee on State Constitution. 

Mr. Hudson, of Yazoo, offered the following as a substitute 
for said section-: 

That neither slavery nor involuntary servitude, otherwise 
than in the punishment of crimes, whereof the party shall 
Iiave been first duly convicted, shall hereafter exist in this 
State ; and the Legislature at its next and succeeding sessions, 
as the public welfare may require, shall provide by law for 
the protection and security of the persons and property of 
the free negroes and mulattoes of the State, and. guard them 
and the State against any evils that may arise from their sud- 
den emancipation : Provided, That this clause of the Constitui- 
tion, and all legislation based upon it, shall be suspended and 
inoperative, until the several persons hereafter elected and 
commissioned to represent this State in the Congress of the 
United States, at the next session thereof, shall have been did)'" 
admitted to seats and all the rights and privileges of represen- 
tatives in tlie said. Congress, and until the civil authority of 
this State shall have been duly restored, according to the Con- 
stitution and laws thereof, upon said rei)resentatives and q'wW 
authorities taking the amnest}' oath, if not already taken, and 
the oath of office, required by the Constitution of the United 
States, of the former, and f)y the Constitution of the State, of 
the latter ; and their admission to such seats, rights and privil- 
eges, and such restoration of the Civil authority, shall be Q\i- 
denced and declared by the proclamation of the Governor of 



i'2i PRoci:Er)iNGS and debates in the 

the State ; ])at nothing herein contained sliall be construed 
to prejudice any right to compensation from the United States 
for the loss of any slave. 

Mr. Hudson, of Yazoo — Mr. President : In contem])lating 
the probable labors of this Convention. I Iiad concluded to 
abstain from a })articipation in the pu1)iic discussion of those 
great. im})<}rtant and fundamental (juestions, which would 
likely be pi'esented for our determination and final action, and 
to content myself with the exercise of the greater power and 
privilege of silently voting upon them, at that stage of action. 
I would, stiir; Mr. P]-esident, if left to my o^Yl\ feelings ' and 
pleasure, adhere to that line of policy ; but finding many of the 
most prominent and able members of the Convention battling 
for results, and assertbig a policy, so antagonistic to tliose I 
hold, I feel it due to myself, to this Convention, and the 
country, to briefly present the ]-ea'sons tliat control my action, 
and I think, should mark the action of tliis Convention. I 
therefore, 31r. President, ask the kind indulgence of the Con- 
vention, while I present my reasons and convictions upon this 
important, and to me, unpleasant question. 

In the discussion of this question, the first duty is, to settle 
in our minds the nature and character, jjower and authority, 
of this Convention. Whether it is a Convention of the people 
of the State, in their sovereign capacity and power, exercising 
the greatest privilege of freemen-^the framing of her great 
organic chart of li1)erty, with no restriction upon its action; 
or whether, as insisted by many, it is saddled with unusual 
and extraordinary restrictions and disabilities ? I hold, sir, 
that this is a Convention representing the sovereign power of 
the State, with no restrictions, fetters or shackles, save those 
imposed by the Constitution of the United States and the 
laws passed in pursuance thereto ; otherwise it is no Conven- 
tion, and does not represent the ])eople, but rather the Presi- 
dent of the United States, oi' the Federal Go^'crnment. It is 
true that this Convention was called by the Provisional Gov- 
ernor of the State, actuig under the authority and sanction of 
the President of the United States, but of whom and w^hat is 
he Governor ? It is of the people of the State of Mississippi, 
and of them only. Who elected and sent us here ? Thei^eople 
of Mississippi, who, by the rule and test of the federal authorities 
were and are loyal and liege subjects of the State and the 
United States. The State existence has never l)een denied. — 
She wears from the Federal Government and all her authorities 
the title of "State." This is a Convention of the State, and 
not the Territory of Mississippi. The President of the United 
States and the Governor of this State, both address the State 
of Mississippi. When and by whom have we been declared 
not-a State, but a Territory ? For whom can we legislate or 



MISSISSIPPI COXSTITUTIOXAL CONVENTIO^T. 7S 

ordain ? For the people of tliis State only. It is solely for 
them that we can make or unmake an organic law ; and no 
Convention of a State can do that unless it represents the 
sovereignty of the State. The creation or amendment of an 
organic law is an act of sovereignt}^ of the highest possible 
grade and dignit3^ I feel reponsible to the people of the 
State, and to them only for my action here, for. they alone 
must wear the iron j/oke or soft crown of all we ordain. Everj^ 
delegate here fully knows this. We can make no law, no 
rule, no action, no Constitution, for any other State, nor for 
the United States. I no know of no mandate from the Presi- 
dent of the United States, or the Governor of this State, as to 
what we shall or shall not ordain. Would they hold us in 
duress, and extort from us, ]3y force and baj'onets, an organic 
law, not required b}" the people of the State, or the Constitu- 
tion of the United States ? If so, then this is a bastard Con- 
vention, and represents nobody. 

It is said here that this Convention, being called and suffered 
to^sit here by the mercy of the President, we are responsible 
to him and him alone, for our action or inaction, and that he 
expects and requires us to walk a chalk line ; that oui* path is • 
narrow and straight, and that is to abolish slavery. This re- 
quisition, if it exists, is not on visible paper, but is in pairs or 
parcels. Is the Government of the United States a "Consti- 
tutional Government ?" It has ever been so declared. Then 
where does the President get the power and authority to call 
a Convention of the people of any State, for au}^ purpose ? — 
Where does he find his rightful authority in that civil govern- 
ment and Constitution to require the Convention to ordain his 
pleasure, and not the will and pleasure of the Constitution ? 
Where does he find in that veteran Constitution, the authority 
to raake^ or maKe ks mahe^ a Constitution not required hj, but 
at war with that Constitution ? Sir, I think this must be a 
mistake. The President, in his conference with the South 
Carolina delegation upon this very subject, and in answer to 
an explicit question, said, "let us proceed rather upon the idea 
of right, and not of jpoioerT "I speak not iDeremptorilj^, but 
merely advisory'' This language, sir, of the President repeats 
the idea of force, duress, or icaere 2)ower. Itmaybemipleasant 
to the nostrils of the administration, as I knovv^ it would be to 
the taste and i^rejudices of party, for us not to abolish slavery ; 
but it cannot be so to the Constitution of our fathers, and of 
our own, as it came from them — and which was pmxhased 
with seas of blood. I must msist that this is clearly a Con- 
vention of the people of Mississippi, with no overseer or dic- 
tator ; but the plain and plebeian Constitution of the United 
States, as it is this day, and was on its birth-day, upon this 
subject. There is no war, or war-feeling element in this 
6 



74: PROCEEDINGS AND DEBATES IN THE 

country. A profound peace prevails ; the Constitution of the 
United States is over us — or it is dead everywhere. If we arc 
in the Union, it is a Constitutional Union. . 

In presenting the substitute for the report of the committee, 
which I have here offered, I do not present what I would prefer 
for our adoption — nor have my votes on the various questions 
voted upon here, represented my convictions of the duty and 
policy of this State — ^but my own opinion, and such, I believe 
to be the judgment of the intelligent of those I have the 
honor to represent, that slavery being declared by certain 
authorities of the United States, already abolished and there 
being no clause of our Constitution creating or perpetuating 
slavery, it is a work of folly and super or ogation — a work of 
inhumanity — a desecration of the dead and the grave, to ex- 
hume the negro, merely to celebrate anew the fmieral cere- 
monies over his putridjbody, and the stench of his cold and 
ic}^ grave, and to register the fact, and his re-interment in our 
Constitution. Why not simply repeal the two provisions in 
our Constitution, prohibiting the introduction of slaves into 
this. State, and the emancipation of slaves in this State — the'' 
only clauses therein liaAdng any mention of, or reference to 
slaves, and then repeal our slave legislation ? What objection 
can there be to this polic}' and course ? What conflict would 
there then be between the State, and the declaration of free- 
dom by the authorities of the United - States ? There would 
be none, but it would be-an acceptance of the fact, that if 
slavery was abolished, it Was done by the United States, and 
not by us ; and that we offer, and would offer no forcible resis- 
tance to such declaration of freedom to the negro — ^]3ut might 
legallj^, peaceably and constitutional!}', enquire into the validity 
of their freedom in the Constitutional, judicial forms of the 
United States, where we could not expect anything more than 
law or justice in our behalf on this subject. This is all I ask, 
and every man in the State would 'be satisfied with it. I do 
not believe that slavery has been abolished in this State, legally 
or constitationally — nor even by the laws of war. If the 
President thought it was abolished, why did he prescribe cer- 
tain provisions in the amnesty oath on that subject ? Why 
does he deny us access to, and close the Courts against us. 
upon that subject ? Yv'hy does he urge the proposed'amend- 
ment to the Federal Constitution, abolishing slavery ? Why 
does he advise South Carolina to "legally and constitutionally" 
abolish slavery ? If this Convention thought slaver}^ abolished, 
why does it propose to abolish it, or why did the President 
call us here to abolish it ? Mr. Lincoln, in his inaugui-al of 
March 4th, 1861, declared that he neither had the intention or 
constitutional power to abolish slavery. Mr. Seward assured 
the French Government, through Minister Da\i:on, even after 



MISSISSIPPI CONSTITUTIONAL CONVP]N"TION. 75 

the bombardment of Fort Simipter, that the United States 
had no Constitutional power to abolish ■ slavery in the States. 
In fact, every prominent man of the abolition party have 
frankly declared the same thing. The question does not admit 
of deba^te in legal minds. While I admit that slavery, in 
point of fact, is abolished, I cannot admit, but deny, that in 
Icvw^ it is abolished. Slaves were not surrendered with the 
Confederate army. Only the soldiers and property of the 
Government of the Confederate States were surrendered, and 
not the private property of individuals ; but so far as the ne- 
groes were actually captured and held by the military of the 
United States, during the war, they were, by the laws of war, 
free, but no others. It is now, however, proposed that we do 
now kill all these questions very and perpetually dead, beyond 
the power of resurrection. It is said that this course will 
secure us the exercise of civil authority, the exit of the Federal 
army from our State, and representation in Congress. Then 
I understand that this is a forced measure, and that we can 
iiave no such rights until we do so. Truly sir, this speaks 
volumes, colossal and potential, for the sovereignty of a State ; 
for the Constitutional Government of the United States, and 
for the freedom of the great plebian people and freemen of 
the Republic. This is no longer a Government of the people, 
holding their agents ameanable to them and the Constitution ; 
]jut one in which the people are down-trodden by their agents. 
But, sir, where do these promises come from ? who. makes them ? 
where is the record thereof, or the witness ? The President 
could not make them — for he has no right to admit or reject 
from Congress, daiy member. Congress has that sole power 
Iby the Constitution. Congress can control the army and 
navy, over the President. Congress can increase or diminish 
here the garrisons ; and shorten or lengthen their stay ; and 
certainly they have made no such promise ; but the leaders of 
the dominant party of the Congress, are openly declaring in 
public speeches and fourth of Juh^ orations, even at the very 
Capital of the Government, that we shall enjoy no such right 
or privilege, until we sanction the proposed amendment to 
the Constitution of the United States ; until we confer upon 
the Congress the right to legislate for the negro in the States ; 
mid unfil we enfanchise the negroes with the highest political 
status, power and freedom of the country ; and that they 
alread}^ have drawn and prepared such bills, for the imme- 
diate action of the ensuing Congress. Look, sir, at the fate 
of Maryland, who never had even a bogus ordinance of seces- 
sion ; and who, by her people, abolished the institution of 
slavery three years ago ; and the Federal armies are thicker 
upon her soil than upon ours. Look, sir, at Tennessee, who 
abolished slavery over one year ago ; and yet she is more 



76 PROCEEDIGNS AND DEBATES IN THE 

sadly oppressed by the heel of military power and rule than 
we are. Tlie}^ have not reaped the harvest, nor caught the 
golden image promised to ns as equivalent for the abolition 
of slavery, and I ask why we should hastily lay the flattering 
nnction and earnest to our poor hearts and bosoms, that we 
will be an exception to the rifle, and a peculiarlj^ favored 
people?. Let us not deceive ourselves, nor be deceived by 
others. Let us not give ourselves aw^ay, nor be "sold." 

Finding that the Convention is resolved to re-abolish 
slavery ; to do that which the Federal army and ba^^onet, and 
the President, . and Congress could not legally do ; I propose 
by the proviso offered, that v/hile we make the concession, 
we make its effect and operation dependant upon the Con- 
gress, who can secure to us the pleasing reality of civil au- 
thority and ci\dl liberty ; and at the same time, secure to the 
negroes of this State, the boon of freedom ; placing the sole 
power and responsibility upon them to do both ; and if they 
clo the one they must so instanter necessaril}^ do the other. — 
Could they ask more, or could v^e offer more than to submit 
the whole question and power to their own pleasure and 
judgment ? If they decide wrong, it cannot be our fault ; 
nor can they complain at us for having been so generous and 
confiding. Why reject the proviso, for it simply provides for 
that which delegates so fondly hope will follow without it ? 
What harm can it do ? Sir, I prefer to do nothing, unless we 
can settle all the questions involved. Why leave any ques- 
tion unsettled that closes the door of civil liberty against us ? 
Why be quartered by piece-meals, and protract our linger- 
ing, tortured lives in the fiery crucible of the hour, only to 
be scorned in the last agonies of conquered and expiring na- 
ture ? Why concede, without reservation, to one aggression, 
when others equally great and more intolerable are being 
pressed ? It but invites, nay, stimulates and rewards the 
pressing of any and every aggression their folly or malevo- 
lence may indict. I want peace of mind, peace of persons, 
peace of State and nation ; and that we can only have by a 
settlement of all these firebrands at once. Sir, we have been, 
are now, and I believe ever will be, a persecuted people. If 
we abolish slavery, make witnesses of negroes in all eases ; 
allow them to vote, hold office, and stand par excellent with 
lis in all that appertains to us as individuals, or state, socially, 
religiously, and politically, we shall then be tormented and 
tortured upon other and new exactions. Party is ever con- 
tending for power, and its retention, and is ever fruitful in 
new questions and demands for its elevation and maintenance. 
There is no relation that it will not invade and crush for its 
hold upon the Government. It has for forty years past kept 
this Government in a fearful tempest and unholy w^ars — the 



MISSISSIPPI COXSTITUTIO]N"AI. COXYENTIOX. 77 

elements of their creation and life — and rather than disband 
or give up power, "would strike down the Government itself. 
Sir, whj is it, that we hold a representation in- Congress so 
indispensible ? Wh}^ is it that a partj- at the North deem it 
so indispensible to defeat that representation ? It is, sir, 
because there is no confidence, no fellowship, no good in 
store between the two sections, and gi^^t partij purposes are 
thereby to be accomplished. Neither section is -v^illing to 
trust the other, to make laws for a common Union and Gov- 
ernment. Sir, until these erils shall have passed away, there 
can be no quiet and harmony between the gTcat family of 
States, either in. their o"om Capitals, or that of the General 
Government. 

My x^roviso, simply suspends the operation of the proposed 
Constitutional' amendments, until the Federal Government 
shall have shovfii bj'the action of her Congress, now soon to 
meet, a reciprocity of duty on her part. It is no dictation or 
threat, but an affirmative response to and acceptance of the 
assurances which delegates here say have been whispered by 
the Government, so that while slavery would be certainlj^ 
abolished, we would at the same time, certainh^ secure those 
whispered benefits that are otherwise uncertain. We make 
the great and extraordinarjr concession and sacrifice to "attest 
our devotion to the Union, and to its true and proper Gov- 
ernment in parting forever with all the labor, economy and 
wealth, for which we not onhf have labored, but for vviiich our 
f?.thers and mothers have toiled and labored through long 
and eventful perils, and lives ; and in death transmitted, to us 
under the Constitution as it is. We do this in the hope of 
future quiet and harmonj^,' and: to enjoj^ the full and undis- 
tured benefits of the re-establishmxcnt of ci\il authoritj'- in our 
own land. The proviso presents two features to the Congress 
of the United States. It fixes the next Congress as the time 
for the admission of our representatives in the Congress. I 
propose this Congress, for the paliDable reason that the great 
questions, in which we are most deeply interested, will and 
must be settled by that Congress. If their admission is post- 
poned to a later period, all the great mischief we apprehend, 
without representation, will have been accomplished; and 
our labors and sacrifices, hopes and expectations, forever 
blasted upon this subject. The other is the oath to be taken 
by our representatives in Congress, enacted in 1862, commonly 
called the "test oath." From the birth-day of the Republic 
to the creation of this extraordinary oath and bill of discovery, 
the only oath required of members of Congress, was that 
provided in the Constitution ; but this additional oath, created 
during the rebellion, and in party bitterness and proscription, 
is to be administered hereafter to all Congressmen from these 



78 PROCEEDINGS AND DEBATES IN THE 

States. I hold that the oath of the Constitution is ample and 
sufficient, taken in conjunction with the amnesty oath, of May 
29th, 1865. If I understand this "test oath," it excludes from 
office, every man, who, in any way, sympathised with the late 
rebellion, and that would behead every man in this State, 
mentally capable of representing. the great and various interest 
of the State, in the Congress of the United. States. While 
there are many men in our State who opposed secession and 
the war, and not only deeply regretted, but denounced them ; 
still, sir, theri3 are ])ut few, if any, of such cai)acity, who did 
not under some circumstances, during the terrible conflict of 
arms, sympathise deeply with our cause and success. The 
war, carried onuponourinstitutious, our friends, our relatives, 
our homes and native land ; the involuntary wails of the wife, 
and screams of tlie child, rising up to heaven, in view of the 
devouring flames of their only earthly tenement, and last 
daily bread; the flowing of the last best heart's blood, drawn 
by the assasin and robber ; the shrieks of the brutally ravished 
sister, daughter, vfife, or mother ; the sad scenes and desola- 
tion in the track of the invading army — all excited a sympathy 
and judgment which was impossible for tlie best human 
nature to repel — and which the God of nature has indelibly 
written upon the tablet of every manly heart. It is therefore 
insisted that no good and competent man — such only as this 
State would honor and trust — shall be crucified b}^ the grand 
inquisitions of the "test oath," but shall be permitted to take 
his seat as oiir representative, upon taking the oath required 
by the Constitution, from its creation to this hour, and wliicli 
has been administered in every age of the Republic to the 
unhappy moment when this "test oath" was illegally sired, 
and unfortunately swaddled. The whole proviso, to the 
report of the Committee, is designed as an earnest appeal, and 
to obtain some certain security that we obtain tlie l)enefits 
which some hope may follow our action without the proviso, 
but which all must b-e admonished does otherwise depend 
upon the mere caprice of. political .and partisan foes in 
power. We thus throw at the same time, upon Massachusetts, 
Maine and New England, the final and delicate responsibility 
of the operation of this ordinance. If they desire to have it 
settled, and that forever, if this matter of slavery is the great 
obstacle between the right of civil authority in this State and 
the general government, it is by this proviso, in their power 
to remove and silence it forever. 

As v/as well remarked by the gentleman from Hinds, (Mr. 
Potter,) on yesterday, Mississippi has n.ever iieen out of the 
Union— there is no such thing as "re-union" or "re-construc- 
tion." Those terms are as replete with humbugger}^ as that 
of "peaceable secession."' We are in the Union to-day, if we 



MISSISSIPPI CONSTITUTIONAL CONVENTION. 79 

ever were in it. The. ordinance of secession was a nullity, 
and did not put us out of the Union. We failed to fight our- 
selves out of the Union, and the Federal Government has no 
legal power to exiDel a State from the Union. Mr. Lincoln 
at all times held us to be in the Union, and refused to receive 
or treat with the Commissioners sent by the Confed-crate 
States, upon the sole ground that secession was a nullity, and 
that he could onh' look upon us as States in the Union, in 
rebellion against the rightful authority and jmisdiction of 
the United States. The Congress of the United States has 
uniformly pronounced secession a nullity : and that we were 
a part and parcel, and a State in the Union. President John- 
son, in his speech in the Capitol of Tennessee, accepting his 
nomination for the Vice Presidency, declared em]3hatically 
that secession was a nullity, and every State adoj^ting it was 
as much in the Union as if no such ordinance had ever been 
adopted. This State, in her sovereign Convention in 1851, 
declared that the State had no right to secede fi'om the United 
States, and this Convention will doubtless declare the ordin- 
ance of secession of 1861 a nullity. The weight of the great 
statesmen and jurists of the Republic largely preponderate 
with this opinion. If anything lias been settled better than , 
another, by the late war — ^by a resort to arms — ^the weakest 
resort for the protection' of our rights and liberties, in my 
opinion, (at least it has so proved,) it has settled this one, that 
there is no such right as secession. Any difference of opinion 
on this subject must now be silent, as it is certainly T^Tong and 
impotent. It is silent and impotent, and no man now contro- 
verts the fact so fully determined, and, so far as we are con- 
cerned, settled forever by the leaden messengers of death. — 
The State is in the Union. We cannot vote her any further 
in, nor can we vote her out. Our civil rights and authorities 
are simply suspended for the present, by military power and 
force — in order, it is said, to purge us of our treason, and fit 
and prepare us for loyal subjects — and until the multiplied 
questions about the negroes are settled. As far as I am in- 
formed and understand, those who have taken the amnesty 
oath, as the late elections will shoY>% constitute a majority and 
the power of the State. They have taken tlie oath in good 
faith — with pure resolution — a proper and obedient purpose 
and spirit — and with a determmation to cast no obstacle in 
the way of harmony, and the restoration of all our civil rights 
and- authorities ; at the same time, as powerless as they are in 
a military sense, they shoukl do nothing cowardly and from 
fear either against themselves, or for any other power, but do 
their duty as the Constitution directs. The State, by the 
action of her people, in taking the amnesty oath, stands to- 
day redeemed and disenthralled, so far as the executive judg- 



82 PROCEEDINGS AND DEBATES IN THE 

ment and sentence of treason is concerned — and is entitled 
to tlie whole armor of any State in tlie Union. Siie has 
passed through the ordeal and crucible, established by him, 
who sits in judgment, and declared her guilty of treason ; and 
through the crucible erected, to cleanse and purif}' her from 
treason ; and we do not stand here to da}', as intimated by 
some, an abject and powerless set of criminals and traitors. 
I must be iiermitted to say, Mr.' President, l^nat the idea so 
often advanced here, and even practiced lupon elsewhere, that 
a- State, a corporation, can commit treason, is miserable law, 
bad logic, and poor politics. If it proceeds upon the idea 
that by the sins of our first parents, the judgment of condem- 
nation come upon all men, then the same remedy should be 
applied for the salvation of all. I know no other precedent 
or law sustaining such an idea ; and I think it would tax the 
best ingenuity to make that applicable to a corporation. 

Again, Mr. President, the Constitution of the United States 
is the same now that it has always been upon the subject of 
property in man. It remains imtoiiched entirely in this 
respect. The first lavv- book I ever read, was Blackstone's 
Commentaries — a standard work of the highest merit and 
authority, in which I iearnc'^ -,,-:.„(.•. ^. ,,,./. ,-,;,,!.. ^,.,.^ ^-ij^^ there 

were four great Idndred - . life, so 

nearly the same that the}" couiu ne treatcu unaer one head, 
amd the laws apphcable to the one, were the laws of the other. 
Those relations were husband and wife', parent and child; 
guardian and ward ; master and servant. I maintain that the 
Federal Government has no morepovferto intervene between 
master and servant^ until the relation is legally and constitu- 
tionally dissolved, than between that of liusband and wife, 
parent and child, guardian and '.-urd. Indeed, sir, it never 
occured to me in reading the : ^on of Independence, 

the Bill of Eights, and the Con.....::....:! of the United States, 
asserting the right of a free people, to alter, change or amend 
their /o/T/i. of Govermnent, that it was ever intended to confer 
upon the General Government, the power, e^.'erx by waj^ of 
amending the Constitution, and certain!}' not without it, the 
right to invade and destroy these great private and domestic 
relations between mere private and mutually dependent 
creatures. The Government can neither take or destroy the 
private property of the citizen, or appropriate it to public use, 
without fair compensation first paid therefor. By our laws, 
and the recognition of the Constitution of the United States, 
and by the Government of the United States until now, our 
servants were property, not belonging to the States, the Con- 
federacy or the United States, but to mere individuals. The 
relation of master and servant, is a mere private oiie, regulated 
by themselves in a great degree, and protected by the State, 



MISSISSIPPI CONSTITUTTOXAL COXVEX IQS. 83 

as ill the relation of liusband and wife, parent aii\ : -i.M, 
guardian and ward. Tlie right to change, alto: v :;end 
the form of Government, certainlv did not meai; ,: t to 

amend, chano-e or niter, so as to :-cize uiioii VTi''. a';-/r:':>y the 
mere projierty of the citizen, and the relation of owner and 
propert}^ If such is the case, then, sir, the sacred relation 
subsisting from time whereof the memory of man runs not 
to the contrary, between husband and w^ife, parent and child, 
guardian and ward, may be violently invaded and hopelessij^ 
destroyed at any time. They exist at the mercy onlj^ of the 
Federal Government. If this right is her's, then, sir, she lias 
the right to seize upon our little homes, our land titles, the 
only remnants of our labor, industiy and econoni}' of long 
and constant toil, that now survive this abortive revolution. 
No property of any kind, upon the same i^rinciple, is secure. 
Soon the question will be forced upon us, that the lands 
must be divided, not by purchase or sale, nor upon compen- 
sation ; but loj an act of violence and self-constituted authority. 
There is already a party in the land, advocating this doctrine,, 
and *you and I may jet live to see the home of our j-outh 
and old age thus desecrated. The Federal Government has 
no Constitutional jurisdiction or power over these questions, 
and the people of the United States have no right by the laws 
of nature — or of nature's God — nor hy the great moral politi- 
cal code of mankmd to even amend the Constitution, so as 
to confer such powder and jurisdiction. Sir, there is a great 
principle that underlies this whole question, and with me, 
overrides and buries into insignificance all others. I am in 
favor of standing up wdierever we niaj-be permitted to assemble, 
and discuss these great questions and wrongs, presenting our 
views, and insisting upon our rights, and the preservation of 
the Constitutional Government ; otherwise we can have no 
Constitutional Union, and if overpowered, we can but submit 
as the victim bows to the highway robber. The idea prevails, 
sir, that the militaiy power of the Government can do any 
thing, and is above all restraints upon aii}^ and every matter. 
This may be so in fact, but not rightfullj- or legally so. The 
military arm of the Government, is hy the Constitution, in 
subordination to the civil authoritj' ; and the civil authority, 
the President; Congress and the Supreme Court, in subordin- 
ation to the Constitution and Constitutional laws. The military 
can rightfully do nothing not authorized by the civil authority, 
and the civil authority can rightfully do nothing, not author- 
ized by by the Constitution, and Constitutional enactments. 
Any other conduct must be illegal, and amount to an over- 
throw of the Constitutional Government and Union, and bring 
upon the country, the laws of the wild, savage and unbridled 
nature, in its worst and most malignant passions. That this 



50 



FEOCEKDINGS AND DI-ZBATES IN THE 



proposition is true, who can deny ? If it is true, has slavery 
been legally abolished ? Let him who can, answer the ques- 
tion in' the negative. 

In the Revolutionaiy war of 177G, wiien the British Gov- 
ernment offered freedom to the slaves of New England and 
the South, if they w^guld join the British arm}^, and fight the 
rebels of that day, murder our fathers, and burn their homes, 
who denounced tlie act ? Sir, one loud and universal indig- 
nation and denunciation went up from Massachusetts and all 
the States of that day, against the infamy and shame of the 
deed. Tiie historians of those events, have never failed to 
note it as a most extraordinary and nefarious, black and dia- 
bolical act. The school room histories of this day, VvTitteii 
by Northern authors, denounce it. Sir, there is some settled 
law of war growing out of this very thing to which the United 
States was a party, that does not sustain the views of some 
delegates here, but may be considered good authority against 
them, and I hope will be recognized hy the United States, 
now as binding upon her — and if not, she will find that her 
history and consistenc^y upon this subject is not as lovely and 
unspotted as the "Alpine rose that leaves it cheek upon the 
bosom of the eternal snov/s." 

It has been questioned here whether the Goverriment of 
the United States liberated the slaves, or whether Mississippi 
did it? Sir, I confess my surprise at any such proposition, 
for two reasons : first for the want of foundation upon which 
to make the query ? and second, the insult offered to the 
United States, in proposing to abate or dhninish her glory upon 
tl'iat subject. So far as that is concerned, permit me to express 
my surprise, with all deference to opposing opinion, that 
any one should seriously controvert ^\'hat the Government 
regards as one of Iier settled and most immortal glories. — ■ 
I have not recognized the fact that we have voted for it, or 
fought for it, or contributed anything to that end, of doubtful 
glory or humanit3% but on the contrarjr, the claim that the 
unclouded and undivided festoon, aiid imperishable wreath" of 
everlasting honor and undyino- olory, slioiild encircle the 
Federal head and temples for tiie iibt ration of tlie slaves — 
and that whatever part we had in the afiair, was in ignoble 
and barbarian op])ositiou to tli at o-od-iike, glorious and happy 
end. I am not ^:vlU;:.;^ ■ . ' v-iem of the proud title and 
sacred distinetioi:. iy^: ;■' : :-viu.--fr! r-n>.r>-^ butfreelyand 

frankly concede the l^Ioc' hug chaplet of 

undying fa] ii^ a; ih the :-■_,.. -_ ■ ^^h perennial re- 

nown, as thei;; '^:: ;h;^ive title , ...ad that Mississippi 

had no hand in mat grand ana Ijiolux^l Licuievement. Sir, this 
joy should not be dimmed or marred by the suspicion that 
all the work aiid iiiiiiiorv:/' -.- ■ - ;:ot tijeirs. It is a star of 



MISSISSIPPI COXSTITUTIONAL OONVENTIOX. 8{>- 

the first magnitute in tlieir political firmament — the brightest 
jewel in their national existence — the most glorious iiehieve- 
ment of their Kfe — and b}^ the resplendent blaze of which, 
even the blind shall read her title clear. They are now, and 
for all time, the sole heir, the lawful potentate, the great high 
priest, the immaculate conceptor, progei^tor and Ajax of the 
whole deed ; and I solemnly protest in the name of truth and 
history, justice anci title, that the virgin and holy temple of 
the Government, shall be encircled v,ith the ever-living and 
nn dimmed — the blazing and god-like halo of still higher, 
deeper and expanding glory, as she claims, for what is upon 
her and us to-day, upon this subject. ^ 

Permit me, Mr. President, to say, in conclusion, I oppose 
the report of the Committee. I do so, because we have no 
clause in our Constitution, creating or perpetuating slaverj^ ; 
and I know, that the State approves no such thing. ' There 
could and vfould be no coutiict between us and the General 
Government upon this institution, and this would simply 
leave our people, the liberty to revise in the Supreme Court, 
the action of the Government in this matter. This would 
satisfy everybody, whatever that decision might be, for they 
will feel that the true and Constitutional tribunal will have 
passed upon it, and v^uil bow to its solem.n judgment. What 
objection can the Government have to such a course ? Why 
should it decline to meet the citizen in its own court, and 
there give him the courtesy and benefits of litigating the 
question upon legal principles ? If the Government thinks 
it has* done right, if it has legally deprived the citizen of his 
property, why not allow the issue to be made up and settled 
in the Courts ? She is powerful — she can aftbrd a generous 
magnanimity, and re-impress the citizen witli the happy 
belief, that he lives in a civil land — a free country — and above 
all — -in a Constitutional Union and Government. i^Ir. Presi- 
dent, I have been frank, but I trust respectful. I have no 
concealments, UxOr can I do violence to my convictions of 
duty. I shall gladly sustain the President of the United 
States, in alf things, and at all times, in whatever commends 
itself as right and proper ; to do less, would be dishonest and 
immanly : to do more, would in elfect, be treason. I trust, 
sir, that whatever may be the result of this question here, it 
will be. conform-cd to with the deep earnest of filial duty, and 
that our poor, crippled and emaciated people and countrj', 
will emerge from the ocean of troubfle. and the bane of distress, 
and yet live to see, when they behold for the last time, the 
sun pass, below the western horizon, a free, happj' and united 
people and country. 

Mk. Johnston, of Hinds. — Mr. President, in considering 
the substifute offered bv the s'entleman of Yazoo, I propose 



86 PEOCEEDIXGS AXD DEBATES IN THE 

to submit a few of the reasons whicli have inliueuced me to- 
oppose it. I shall not, at this stage of the discussion, submit 
all the reasons whicli might he presented in support of the 
position I assume, but simply advert to one or two prominent 
considerations which, in my judgment, are conclusive of the 
whole question. I am free to concede that it is the object of 
the gentlemen on Mie other side of this question, to promote 
the glor}^ prosperit}' and happiness of our State. I attribute 
to them as much sincerity as I claim for mj'self in any 
course which I feel constrained to pursue. But, as all minds 
cannot see propositions in the same light — and perhaps it is 
"well it is so— and inasmuch as some of us must be in error 
as to t;he course we are pursuing, it is but right and proper 
that discussion ma}^ be brought to bear, that it may be de- 
monstrated where the error lies. Without having any great 
faith in ni}^ judgment of public matters of this character, and 
without urging ni}' opinion as a standard for the opinion of 
an^ gentleman, I nevertheless declare at the outset, that it 
seems to me as clear as the 'beams of the sun that shines upon 
us to-day, that the course recommended by the Committee is 
the onl}' course that can conduct us to the end which we de- 
sire to obtain. But before I attempt to answer the arguments 
of these gentlemen, permit me to take a brief glance at the 
present condition of our country, and ask what is the great 
object which animates us all at present. There is danger 
that in a multiplicity of propositions we may lose sight of the 
great work we have in view. I propose, therefore, to refer to 
them, before I proceed, to the general argument. 

I will not attempt to draw before this intelligent body, the 
melancholy picture of the condition of our State. That con- 
dition is already too apparent — too well known. Suffice it to 
say, that havmg gallantlj^ and nobly, but unsuccessfully, 
struggled, we find ourselv^^j^jnere wreck of our former gran- 
deur and prosperit}', standing amidst the ruins of the most 
prosperous country that the sun ever shone upon. Our fields 
are desolate ; nothing ]3ut the charred remains of our home- 
steads are to b^e found wherever we travel. The spirit of des- 
olation, like a funeral pall, broods o'er the land. of the South. 
The arm of industry is paralyzed : pOA^erty and privation 
meet us on ever}" hand ; . and lawlessness stalks abroad unpun- 
ished, and almost unrebuked ; our • people are vanquished, 
Overcome, trodden down, oppressed and ruined in their public 
and private fortunes ; and manj' of them, even yet, are stran- 
gers and refugees m foreign lands, perhaps never to return 
again. Disguise it as you may, lIi. President, whatever ma}^ 
have been the former power and glor}^ of the State of Missis- 
sippi, to-day she stands* vanquished, without power, without 
will, v\^ithout volition — aiosolutelv without anv choice as to 



MISPISSIPPI CONSTITUTIONAL CONVENTION. 87 

the course she ma}^ pursue. Let us, as philosophers ond men, 
look stern realities in tlie face. We are here this day, subjeoi 
to the dictation of the powers that be, however grossly that 
dictation may violate the principles of justice and the guaran- 
tees of the Constitution. Gentlemen- propose acting here in 
this Convention as if they had a choice — as if we might do 
;[ this, or that, or the other thing, and pursue this, that or the 
! other pathway ; when it is perfectly manifest that there is but 
j one course that can be pursued, and that is the road marked 
out by the dictation of the powers that ha.ve vanquished us. 
That is our situation — the obvious and inevitable situation — 
I and I hold it no humiliation to concede it. It is, in my hum- 
i ble opinion, the part of true dignit}^ and true manhood, and 
I elevated moral courage, to have a conception of our inevitable 
destiny, and at once to realize this idea, distasteful as it may 
I be, and act in accordance ynth the soundest and best policy 
that can be devised. It is not vfise, in this sad extremit}^, to 
act by impulse. Mere obstinac}' would prove our utter ruin. 
Let us all endeavor to do that which is best for ourselves, and 
the coming generations of our posterity. Now, Mr. Presi- 
dent, what course has been dictated to us ? What is the only- 
road we can pursue, in order to obtain our great object of se- 
curing the blessmgs of peace and civil government ? It has 
been dictated to us, b}^ the powers at Washington, in everj^ 
conceivable form and shape, that there is no hope for the res- 
toration of civil rule and representation in Congress, except 
by the adoption in the State of Mississippi, of a free Consti- 
tution. If we desire to resume our former political status, 
with all of its rights and privileges, we must conform to that 
dictation. There is no other alternative. 

If we refuse to submit to that dictation, the necessary re- 
sult then is, that we stand out for long and lingering years of 
miserj^ and suffering as a conquered province, under the stern, 
inexorable control of militarj^ rule, with one oppression to- 
day and another oppression to-morrow, until there will be no life 
and prosperity left in the prostrated State of Mississippi at 
aU. If we do not conform to the indications of the powers at 
Washington, we must submit to be garrisoned by negro 
troops. What is the great object which we have in view? 
What is the great object which the honorable members of this 
Convention have in -sdew ? What is the great object which 
our constituency have in view ? The popular feeling undeni- 
ably is to make almost any sacrifice — to pursue almost any 
course w^hich will have a tendencj^ to restore civil rule in the 
State of Mississippi — to put the beautiful machinery of our 
State Government in operation in all of its departments ; to 
have our representation in the Congress of the United States ; 
and banish from our midst every vestige of military rule and 



8S PROCEEDINGS AND DEBATES IX THE 

military povv-er ; witlidruy/ all of the bayonets wiiicli gleam 
around us, and be no longer clisturbed by the reveille at the 
dawn of day ; to have amongst us no remains of that sad and 
desolating war ivhicii hath swept over our countrj' ; and so to 
shape our public policy that the remnant of our poor do"v^T>- 
troclden people may come together, weak and despondent 
though the}^ be, and sit down in quiet amid the ruins, of their 
former greatness — at least to plant a vine and tree and rear a 
cabin, where they may repose themselves under the downy 
wings of returning peace. This is the object — my object, at 
least — and to that I shall strain ever}^ energy of my mind. I 
am prepared to make anj' reasonable sacrifice, that I may se- 
cure my constituency' and the State at large, at least in the 
enjoyment of some of the man}' privileges which were once 
enjoj'cd by us, in the departed days of peace and prosperity. 
Did not the President of the United States (who is our friend 
on this subject, and whose administration I intend to sup- 
port,) declare it in so many words to our commissioners when 
they visited Washington? I have said -that the only hope of 
the restoration of ci^'il rule in Mississippi, and our represen- 
tation in Congress, was in framing for the State of Mississip- 
pi a free Constitution. Has not the President made the same 
declaration to the South Carolina delegation — indeed to every 
delegation that has waited on him from the revolted States ? 
Do we not knoAv, independent of that declaration, that that is 
the only course left for us to pursue ? Without impugning 
the motives of any gentleman, I sa}' that the effect of the 
proposition oflered by the gentleman from Yazoo, will be to 
defeat this end, and keep us from returning to the Union. I 
■know it is not so intended ; I am satisfied that the proposition 
originates in a spirit of patriotism, and perhaps in a spirit of 
wisdom; but I cannot see it in the light of wisdom myself, 
and I entertain no earthly doubt, as I before remarked, that 
the adoption of the substitute to the report of the Committee 
would have a tendency to prevent our representation in Con- 
gress, and keep us as a conquered province or territor}-, per- 
haps. for a series of years. Are gentlemen prepared for this ? 
Have they weighed the sorrows and miseries that would inev- 
itabh' visit our constituents, as the inevitable and natural re- 
sult ' of protracted military rule ? Sir, let gentlemen pause 
and reflect, before they act on this momentous proposition. 

It has been argued, Mr. President, 'that we are not out of 
the Union ; and I agree with. gentlemen when they assert that 
the right of secession never did exist under the Federal Con- 
stitution, and ought never to have been exercised. Such have 
alw^ays been my viev/s, from the time I first uttered a political 
sentiment, to the present. My opinions were formed at least 
as far back as the days of the South Carolina nullification, 



MISSIsaPPI CONSTITUTIONAL CONVENTION. 89 

during tiie reign of that noble Eoman, Andrew Jacksoii, who 
expressed the true theory' of this Government in his celebra- 
ted South Carolina Proclamations. I shall not, however, be 
so indiscreet, and exercise such bad taste, as to attempt here 
and at this time, a stale repetition of the thread-bare argu- 
ments for and against the right of secession. I content my- 
self bj' a simple statement of my views in reference to that 
question. 

I think, Mr. President, that to accomplish the great object 
we have in view, it is indispensably necessary that we should 
insert a free clause in the Constitution of Mississippi, unen- 
cumbered hy any preambles — unencum.bered hy any proviso 
— unencnmbered by any extraneous language. Let it be a. 
cheerful, frank, definite avowal of our sentiments upon that 
subject. I shall, therefore, oppose all the propositions which 
have emanated, or which may emanate from this body, tend- 
ing materialiy to change the language and principles embod- 
ied b}' the Committee which has just reported. If we pursue 
that course, I have no doubt of our success — if we manifest 
that spirit, I have no doubt of the speedy restoration of ci^il 
law in Mississippi and our representation in the Federal Coun- 
cils of the nation, at the next session of Congress in Dece7~a - 
ber. 

What is the effect novr of adopting this sulistitute ? By 
this substitute the honorable gentleman makes the actual re- 
ception of our Congressional delegation a condition prece- 
dent to the operation of the clause for freedom which we are 
about to insert in our State Constitution. In other words, 
we, a vanquished people, under the power and rule of dicta- 
tion, propose to say we will do thus and so, if you do thus 
and so ; we will not perform our part of the bargain until we 
have received a guarantee that you will perform 3^our part. 
The effect of this is, in the first place, to discourage the Pre- 
sident of the United States, who sides with ns on this great 
question — to discourage the great conservative party of the 
North and West, coming up to our aid against the radicals, 
and place in the hands of the radicals a weapon vrith which 
they will successfully carry out their faA^orite doctrine of ne- 
gro equalit}' and negro suffrage. So sure as we fail to obtain 
representation in Congress, so sure will the radicals pass, and 
rivet upon us the disgusting doctrine of negro suffrage, which 
would, indeed, render this country no longer an abiding place 
for the white man. I hold that we are bound, ever}" man, wo- 
man and child, to come up boldl}' and promptl}' to the sup- 
port of the President of the United States, and the conserva- 
tive party, against the power and influence of the -Northern 
radicals. All that party in the North called the Copperheads 
are T^4th us on this question ; and even from the ranks of the 



90 t'ROCHEDING? A.VT> DT-BaTKS IN THE 

Black Republicans, there springs up many conservative pa- 
triots, armed for tlie coming struggle on this great question. 
The President of the United States is committed emphatical- 
ly and plainl}^ against the doctrine of negro suffrage ; and I 
understand that everj/ member of his Cabinet, with perhaps 
one exception, is with him oii that great question. If we 
can get back speedily into the Union, all the revolted States 
with their representation, united with the President and those 
members of his Cabinet friendlj' to his doctrine, and !eagued 
with the great conservative party of the Xorth, we at once 
form a great party, irresistible in its power, and sufficient!}" 
efficacious and strong to control the next Presidential elec- 
tion, to defeat the radicals, and place some conservative 
Northern man in the Presidential chair of the United States. 
There is no chance for a Southern iRan to occupy the Presi- 
idential chair. We should be well satisfied with a Northern 
President possessed of conservative sentiments, and willing 
to accord to the revolted States their political rights and ci-vil 
privileges. We should expect nothing Ijeyond this. The 
adoption of this substitute would, in m.y opinion, defeat this 
very end and object, and would give to the Northern radicals 
an irresistible argument against us. The,y would saj', look 
at the people who have been in rebellion against the consti- 
tuted power of the Government ; -they have not even yet sub- 
dued their rebellious spirit, and are talking about having their 
rights guaranteed as a condition precedent ; the}" are talking 
about the right to compensation for slaves, and manifesting 
a spirit which cannot be trusted. You cannot admit them 
to representation in Congress, v^^hile that spirit exists ; keep 
the bayonets over themx, and let the tramp of soldiers be 
heard by day and by night, a garrison in every town and vil- 
lage, and hold them until they quell that spirit. Do you not 
see, Mr. President, how fatal to our prospects and our hopes 
the proposition under discussion would prove, if adopted by 
this Convention ? Would not its success prove a death-blow 
to Mississippi ? 

Now, as to this right of compensation which is so much 
harped upon, I hope I may be indulged in a remark or two 
with reference to that. In the first place, I most freely con- 
cede, that the destruction of so many millions of property, 
by any means, was a great wrong to our people. I admit 
that the right to property in slaves was guaranteed to our 
people by the Constitution. I believe it was an institution 
sanctioned by God himself; and I shall always believe that 
its destruction was unwise in every particular — a curse to the 
very race sought to be benefitted. For thirty j-ears, or more, 
I fought the battles of slavery against the attacks of North- 
ern abolitionists ; and if the battles were to be fought again, 



MISSISSIPPI COXSTITUTIC»XAL CONn-ENTION. 91 

which never can be, I would not recede from my position. 
This institution, such as it was, is, as eveiy sensible man 
must know% not only wounded, but dead, dead, deaxL to all 
intents and purposes, beyond the power of resurrection, ex- 
cept by the miraculous interposition of the Most High. 

It would be vain to inquire how the institution was killed ; 
and there can be no good in asking whether the blow which 
felled it to the earth was constitutional or unconstitutional. 
There can be no utility in debating Iwin it wa^s destroyed, 
whether by the emancipation proclamation, by the result of 
the war, or by the outside pressure from all Christendom ; or 
by a combination of all those forces and influences. That 
slavery is dead, is a fixed fact. Let us, like sensible men, en- 
tertain that idea, and shape our new policy with reference to 
another system of labor. 

There is not a gentleman here who believes in the possible 
resurrection of slavery as an institution. It is gone, and 
however much we were attached to it, or however much it 
benefitted us — being dead, let us indulge in no useless regrets 
over its demise, but bur}^ the carcass, that it may no longer 
offend our nostrils. Let its fated remains be speedily con- 
veyed to the grave. But gentlemen say there springs out of 
that dead institution, a right of compensation for our prop- 
erty — that minors, orphans, innocent persons, and helpless 
widows, having never been guilty of participation in this rev- 
olution, their rights must be saved, and they must be com- 
pensated. This places the matter in a strong and pathetic 
point of view ; but I have this to sa}' in regard to the matter, 
that whatever right of compensation there may be — however 
good — the adoption of a plain, free Constitution by this Con- 
tention, nnclogged by any proviso or preamble, would not, 
as a legal question, interfere, in the slightest degree, witti 
Mich rights, but leave them untouched and unimpaired. Such 
were my impressions when I first examined the l^gal propo- 
sition for myself: and those impressions are fortified by the 
concurrent o])inions of the most able and distinguished men 
that grace t-he State of Mississippi ; one of whom — without 
mentioning his name — has an almost world-wide reputation 
for his sagacity as a lawyer, and for the depth of his com- 
f)rehension of judicial questions. The institution of slaA^ery 
was destroyed by certain war measures, and by the operation 
of war, without any concurrence on our part. This wrong 
w'as consummated when the Federal power entered our terri- 
tory, divested ns of our slaves, took them from the fields, 
and converted them into soldiers under the stars and stripes, 
or enticed them away from us, carrying them off bj'^ hundreds 
and thousands, employing them and proclaiming them free. 
Those acts, by Avhich our property in slaves was destroyed, 
7' 



92 PROOEEDINGS AND DEBATES IN THE 

created whatever right of "compensation we may liave. — 
Should we now sa}^ in our Constitution, that, hereafter slave- 
ry, or involuntary servitude, shall not exist in the State of 
Mississippi, does it not leave untouched the question of the 
preceding wrong ? If we choose to say that we will have 
slaves no longer, does not the amendment as repoi'ted by the 
Committee, leave untouched entirely, this great question of 
compensation, according to every principle of law and com- 
mon sense ? There are a great main' of my profession in 
this Convention, and I ask them, as lawyers, to consider of 
this, and say if this opinion is not correct — that the right to 
compensation would not be interfered with by the adoption 
of the report of the Committee ; or in otlier words, the fram- 
ing of a pure, free Constitution, untramelled by any condi- 
tions. 

But what is tliis right of compensation, about which we 
t hear so much in this hall, and amongst the people ? It is 
vague, shadowy, indistinct, unsu])stantial, ideal. It is an 
•airy myth, floating in the imaginations of certain gentlemen: 
a mere expectation or desire that ''something may turn up'' 
in the great histor^^ of future events, ]>y which dollars and 
cents can be obtained for the property thus destroyed. Mr. 
President. I would not give this glass of water before me, 
for the right which I possess to compensation for my former 
slaves ; and I believe there is no gentleman in this Conven- 
tion who relies upon realizing, for liimself or liis posterity", a 
single cent of compensation for this property. It is not rea- 
sonable to suppose that the Government of the United States 
will ever recognize any right in a claim of this nature, or ap- 
propriate a single dollar in payment of slaves taken from us ; 
and this for two great reasons. The first is, that the people 
who destroyed this institution and who were its implacable 
enemies for half a century, would never consent, if in power, 
to give up one pica^^une of the public treasure to compensate 
a single individual ; and secondly, if they were ever so will- 
ing, they are so bankrupt that the attempt would hopelessly 
involve the General Government in pecuniary embarrassment. 
Besides, can it be supposed, Mr. President, that the people 
who sat down with the avowed purpose of destroying slave- 
ry ; who expended vast sums and hundreds of thousands of 
lives during the last four years, in accomplishing the fall of 
this institution, would turn round and say that, "having des- 
troyed it, we will pay a just compensation to those interest- 
ed therein ?" There is not a Black Republican Radical in the 
North who would consent to such a thing ; and I, for one, 
believe that this talk about "compensation," has no real foun- 
dation. Compensation may come to some portion of our 
people hereafter, but it will not em])race me, or any one oc- 



. MISSISSIPPI COXSTITUTIOXAL COXVENTIOX. 93 

cupying my position. Perhaps, in tlie lapse of j'^rs, vrheii 
justice shall once more hold aloft her unerring scales in the 
land, and a returning sense of justice animate the masses ; 
when the overwlielming excitement of war shall have passed 
awa}', and everything is quiet in the land, under a new organ- 
ization. Congress may say it will pay the orphans and help- 
less and innocent widows who have been reduced to beggary 
by this war, and who had no agency in its inception or main- 
tenance. 27/ei/' rights, such as they are, will remain unim- 
paired, by the adoption by us of a free Constitution. 

Gentlemen talk sometimes about an adjudication from the 
Supreme Court, touching comxjensation. Are not gentlemen 
^ware that there is nothing to hope from a Supreme Court 
composed of Black Republicans and Radicals, with a Chief 
Justice traveling the country as a disgusting itinerant preach- 
er of the doctrine of negro suffrage ? 

But you cannot get there with the question, and cannot sue 
tiie United States in any court for an}' claim. You cannot 
get the question of compensation before a legal tribunal for 
adjudication, in any way which I can perceive. If any of 
my legal brethren can suggest a wa^', I would like to have 
them do so. The only manner of preferring the claim, is to 
submit it, with the evidence in support thereof, before the 
court of claims, and let that tribunal 13a ss upon it. If that 
court recognize the claim as right, it is referred to Congress, 
and Congress may or may not, grant an appropriation to pay 
it. If Congress makes the appropriation, pursuant to the 
judgment of the Court of Claims, all is well ; but, if the ap- 
propriation be refused, the claim is defeated. If we now 
proceed, and make a free Constitution, and unite with the 
Conservatives of the North and West, we can elect a Con- 
servative President, imd a Conservative Congress, who will 
luiitedl}' give the question of compensation a fair considera- 
tion. Thus, widows and orphans may procure indemnity for 
the destruction of their slave property ; and, if the future 
should produce that result, certainly it would be gratifying to 
all good men. 

A few words more, Mr. President, and I shall have conclu- 
ded. It has been contended, that there is a disposition not 
to receive our members in the Congress of the United States 
next winter, although the President of the United States ap- 
pointed a Provisional Governor and ordered him to call this 
Convention, to be composed of loyal men, as it is, and or- 
dered him to take means for the speedy election of members 
of Congress, with a view to put our suspended civil govern- 
ment in operation. Notwithstanding all tliis, it is contended 
that our Congressional Delegation is not to be received, and 
that although these iDromises have been held out, they are to 



94 PROCEEDINGS AND DEBATES IN THE 

turn to ashes upon our lips. For myself, Mr. President, I 
sincerely believe, that if we adopt the report of this Con- 
vention, and assimilate all our action here to the spirit of the 
report of the Committee, without change or qualification, 
that when we shall have elected our delegation next fall, and 
they present themselves before Congress, their claims will bo 
so irresistible, that, through the influence of the President of 
the United States, and the conservatiwe pressure brought to 
bear, the door of the national council will fly open, our mem- 
bers be received to their seats, the voice of Mississippi be 
t)nce more heard upon the floor of Congress, and our inter- 
ests again represented. I do not doubt it, but feel sure of it. 
At all events, the course we propose to pursue, in adopting 
this report, is the only hope we can reasonably" cherish for 
consummating this most desirable end. If we trammel the 
free clause with proviso and preamble, rendering it equivo- 
cal and ambiguous, we shall certainly close and bar the only 
door left open for representation in Congress, and the resto- 
ration here of entire peace and unfettered civil rule.' 

It is said, however, that there is an oath prescribed for 
members to Congress, which will render it impossible for any 
citizen of Mississippi, though elected, to take his seat in the 
National Council. I have not myself scrutinized that oath, 
so as to be fully satisfied of the character thereof; but, Mr. 
President, who does not know that, when our members are 
elected by a loyal constituency — when the powers at Wash- 
ington see that we have conformed to their dictation, and 
done all they have required of us, and made a Constitution, 
entirely free, and swept from the statute books every vestige 
of revolutionary' legislation and revolutionar}' action : that 
the spirit of rebellion is quieted in our midst ; that we real- 
ize the situation and - accept our destiny — who does not 
know. T ask, that there will be moral power and virtue 
euonah in tfie Congress of the United States to modify that 
oatb a:u] i)'.\\n]^ our delegates V At all events, how can the 
proviso save it V If you scud up your free clause, vnth a 
proviso attached, suspending its operation as an instrument 
for freedom, until actual representation is accorded, is it not 
manifest that seats would be denied to members coming with 
sucli a. Constitution, lu'eathing the spirit of rebellion and dis- 
trust':' 

How <jiu\ the proviso preserve the institution of slavery ? 
Suppose our representatives go there and are refused admis- 
sion — this proviso having been adopted V Suppose they re- 
ject that Constitution and its proviso — have we saved the in- 
stitution of slaver}- and brought the dead to life V Don't it 
leave it where it was — dead to all intents and purposes ? Ai- 
fhons'h A'ou may refuse to insert a free clause in the Consti- 



MISSISSIPPI CONSTITUTIONAL CONVENTIONS'. 95 

tution, yet your iiistitutioii of slavery is still dead and 
you srahi nothing, and it will be doubly dead ;f or before you 
get from under the power of military rule the amendment to 
the Federal Constitution will be irretrievably fastened upon 
you, by which every vestige of slaver^' is swept from every 
inch of our soil from the Atlantic to the Pacific. The pow- 
ers at Wasliington, and the Northern people know perfectly 
well that the institution of slaver}- has been killed by their 
influence, ])y their power, and the unanimous influence of all 
the Christian world ; for it is a fact that nowhere upon this 
spacious globe we inhabit, is there a single advocate of Afri- 
can slavery, except among the very people who have cher- 
ished the institution. Is not all Christendom bitterly op- 
posed to slavery ? Undoubtedly, such is the fact. I some- 
times think that if the war had not come, this continual mor- 
al pressue would have, in time, destroyed the institution by 
a slow but sure process, rendering the continuance of slavery 
a mere question of time, independent of the warfare made 
n])on the institution here at home. 

Let us do nothing that will clog our admission to the Na- 
tional Congress. Let us look straight forward to the road 
marked out for us to travel, with firm steps — assuming, here 
and elsewhere, the responsibility cast upon us. If, men, in 
:their ignorance, choose to say we are abolitionists in pursu- 
ing this course, let them say so. One thing is certain : if we 
pursue this wise and prudent course, we will have the con- 
sciousness of having discharged our duty to our sufiering 
country ; and when the records of your Convention will be 
read by generations yet unl)orn, they will rise up and call 3'ou 
blessed for having conducted them out of the wilderness in 
which this question now places us. Let the institution of 
slavery go, and the. question of compensation — everything— 
until we relieve ourselves and our posterity from this present 
pressure, and get some little guarantee at least, that the chil- 
dren whom we are rearing up, will have a land to live in and 
trhe privileges of freemen. 

Though I have no great confidence in my opinion on these 
great public questions, and my attention has been distracted 
by private matters, yet it is true that by day and night, not 
only for days and weeks, but for 3'ears past, I have meditated 
upon the situation we are in and speculated as to the mode 
of relieving ourselves. Again and again have I pondered 
^.ipon this during the vigils of the night, while all others 
around me were wrapped in slumber. My faitli was matured 
by myself, and I feel and know that I am right — x^erhaps that 
is too strong an expression — but I am satisfied that I am 
right. I beliewe that other gentlemen who oppose me are 
honest, but I do. thern no injustice in sayiug that I think they 



96 PROCEEDINGS AND DEBATES IN THE 

are mistaken in their views. If the |")olicy of framing an uii- 
clogged clause of freedom for our Constitution, prevail in 
this Convention, all will l)e well. If the opposite ^iew pre- 
vail, I see nothing for us and our posterity hut absolute mis- 
ery and ruin. Thus considering the question, it presents it- 
self to my mind as one of OA'crshadowing importance. I 
shall sa3^ nothing more, Mr. President, as other gentleiiien 
are to follow in this discussion, far more capal)le tlian myself 
of enforcing the views I luwe attempted to elucidate. 

Mr. Watson — Mr. President : I feel unwilling, at any great 
length, to protract this debate, Vjut at the same time, I desire 
to explain the views which I entertain upon the subject be- 
fore ns. 

The representatives of the people here assembled, have ae- 
si:imed duties not only of responsibihty and importance, but 
of novelty and delicacy. Sir, for myself, I feel greatly em- 
barrassed by the circumstances which surround us. We all, 
no doubt, have in view the same object. We desire to eman- 
cipate ourselves and the State from military rule, ajid at the 
earliest practicable period to place the State in her Constitu- 
tional connexion v/ith the United Stjites, and thereby to re- 
store her to the exercise of her legitimate functions under 
the Constitutio]! of the United States, as a free, sovereign 
and independent State of the American Union, subject only 
to the constitution and laws of the United States, as the su- 
preme law of the land. 

But here, Mr. President, allow me to advert to our present 
condition, and to some of the carcumstances wdiicli we siionld 
Jteep steadily in view in marking out the line of policy which 
this Convention should adoj)t. Have we assembled as the re- 
presentatives of a people wlio possess and enjoy all the rights 
and privileges which the^^ inherited fron? their fathers, or are 
we in circumstances which, to some extent, impair our repre- 
sentiitive independence and freedom of action? The distin- 
guished gentleman from Hinds, (Mr. Potter) said on -yester- 
day, that he stood on this floor the independent representa- 
tive of a free people ; he denied, with emphasis, that any dic- 
tation had been attempted in any quarter ; he asserted that 
the President of the United States had given us no intima- 
tion as to what, in his opinion, was necessary or best to be 
done, in order that the State of Mississippi might be enabled 
'* to resume her place in the Union ;" but before he took liis 
. seat — indeed, almost in the very same breath — he read an or- 
der sanctioned by the President, and v/hich he declared prov- 
ed that terms had been imposed upon us which it was im- 
possible for us ever to accept. Looking to these terms, he 
expressed the behef that w^e could not now do enough to re- 
construct the Union as it once was, and that therefore it 



MISSISSIPPI COXSTITUTIONAL CONTENTION. iu 

■seemed to liim almost unnecessary for us to attempt anytliing. 
I shall, at least, Mr. President, endeavor to steer clear of 
what seems to me so glaring an inconsistency. 

It has now been more than four years since a Convention of 
the State passed an ordinance entitled " an ordinance to dis- 
solve the union between the State of Mississippi, and other 
States united with her under the compact entitled the Con- 
stitution of the United States of America." As a consequence 
of this act, which as yet remains wholly unrepealed by any 
direct action of the State, we have just passed through a 
bloody, devastating, gigantic and bloody war — a war, which 
for the number of troops employed, and the many great bat- 
tles fought, has not, perhaps, its parallel in history. This 
w^ar was terminated by the surrender of our gallant armies 
to the overwhelming armies of the United States. Our sol- 
diers have laid down their arms and been disbanded, and all 
of the Southern States are now in the mihtary occupation of 
Federal troops, and are under the government of military 
rule ; those v/hom we represent, as well as ourselves, have 
sworn allegiance to the Constitution of the United States 
iind the Union thereunder ; and moreover, that we will not 
only abide by, but support, the proclamations and lav/s made 
by the President and Congress, during the rebellion, in refer- 
ence to the emancipation of slaves. 

These, Mr. President,' are facts with which we are all fa- 
miliar, but to which, it seems to me, some gentlemen on this 
floor are very unvviUing to give due and proper weight. 

Now, Sir, the ordinance of secession was either constitu- 
tional, operative, and obligatory upon the citizens of tke 
State, or unconstitutional, null and void. If the former, the 
Sta,te of Mississippi ceased to be an integral part of the 
United States; and as this ordinance, as ah-eady stated, still 
remains unrepealed, the State continues to sustain to the 
United States the relation of a power foreign thereto. On 
this hypothesis we are now endeavoring to eftect the read- 
mission of Mississippi into the Federal Union, and this being 
the case, does it belong to us to dictate the terms of our re- 
admission, or is it not the right of the Government of the 
United States, within certain limitations, to prescribe these 
terms ? These limitations, however, in the case sup|)Osed, do 
not grovr so much out of the constitution of the United 
States, as out of the great and immutable principles of right 
and justice. Eightfuilj' or otherwise, the Government of the 
United States has the povrer to prescribe these terms, and 
most manifestly, looking to passing events, this power will be 
exercised by that Government. 

And now, on the other hand, let it be conceded that our 
ordinance of secession was unconstitutional, null and void, 



98 PEOCEEDIXGS AND DEBATES IN THE 

that in unfurling the liag of the Confederate States of Ameri- 
ca we Yiohitecl the constitution of the United States, and 
waged a war against that GoYernment, whilst we owed alle- 
giance thereto. On this hypothesis, is it so yery clear that we 
have not forfeited our rights as citizens of the United States, 
and incurred the pains and penalties of the laws in such cases 
made and provided ? As a condition precedent to a pardon, 
by the President of the United States, we have all taken the 
amnesty oath prescribed by his proclamation of the 29th of 
May last. The terms of this oath I have already repeated, 
and by its very terms we have certainly affirmatively and di- 
rectly sworn to support the proclamations of the President 
and the laws of Congress with reference to emancipation. 

Then, Mr. President, viewing the case in whatever aspect 
we may, the conclusion still seems to me inevitable, that 
slavery stands this day practically abolished with us ; but at 
the same time, sir, that I make this statement, I must avow 
my belief that b}^ the abolition of slavery a great wrong has 
been done us — that a heavy blow has been inHicted upon the 
material resources and j^rosperity of the South, and upon the 
wealth and resources of the country at large, if iiot of the 
civilized world. I deprecate, sir, this blow as much as any 
one can, but there was no way to escape from it; and so too, 
in reference to our lands, aye, in reference to the very home- 
steads to which the gentleman from A'^azoo (Mr. Hudson) so 
feehngly alluded, it is no less true, that unless they have been, 
or are saved to us by what purports to be an act of clemen- 
cy on the part of the President, they too will be taken fi'om 
us, and we shall be turned out almost penniless upon the cold 
charity of the world. I wish, Mr. President, not to be mis- 
understood ; I do not undertake to decide the right or wrong 
involved in the several very grave questions which I have 
briefly discussed, but I do insist upon it, that vv-hether we are 
here representing a people who sustain the relation of for- 
eigners to the Government of the United States, or who have 
involved themselves in the consequences of the violation of 
the laws of the United States, we should take counsel not 
from our prejudices or passions, but only from oui- judg- 
ments and reason. Our constitutional rights and the liberty 
which we inherited from our ancestors, and our determina- 
tion to live freemen or die, are indeed very popular themes ; 
and, if I expected to play the demagogue in future, I should 
certainly mount so available a hobby and ride it daily through 
this hall ; but I feel, sir, the full weight of the responsibility 
resting upon me, and my duty conscientiously and faithfully, 
I shall endeavtji' t; discharge. I desire earnestly to know 
what this Conventi;jii ':.i.n do that will best advance the true 
and permanent interest of ihe people whom I represent, and 



MISSISSIPPI CONSTITUTIONAL CONVENTION. 9l> 

to which I owe so nmch; and in deciding this 
cjuestion, I shall not alone consider what my constituents may 
have thought upon the subject before I left home, or what 
may now be their views. I stand here bound hj the most 
solemn considerations to avail myself of all the lights within 
my reach, and on eveiy question of public duty to yield obe- 
dience only to the dictates of my conscience and judgment. 

The direct question to be decided, is, shall the report of 
the committee of fifteen, or the su]3stitute x:>roposed in lieu 
of it, be adopted? The report simj/iy x^i'oposes that the Con- 
stitution of the State be amended by adding thereto a section 
declaring that "neither slavery nor involuntary servitude, 
otherwise than in the punishment of crimes, whereof the 
party shall have been duly couYicted, shall hereafter exist in 
this State;" — the substitute proposes the adoption of the re- 
port, with a proviso — the effect of which is to suspend the 
operation of the proposed constitutional amendm.ent until 
our Representatives have been admitted on the floor of Con- 
gress, without having been previousl3- required to take the 
test oath recently prescribed by that body, and to declare 
that by said amendment our claim to compensation for our 
slaves is not intended to be waived or in anywise aiiected. — 
My own firm conviction is, Mr. President, that if wisdom and 
enlightened statesmanship are brought to bear upon the sub- 
ject, our Representatives will be admitted to their seats on 
the floor of Congress when they present themselves, and that 
the obnoxious oath referred to, is in conflict with the Consti- 
tution of the United States, and therefore null and void ; but 
conceding all this, I cannot hope that any practical good will 
result from the adoption of the sul^stitute. By that, slavery 
is abolished by your own act — on the admission of our Re- 
ir-resentatives to their seats in Congress. This, (that is the 
'abolition of slavery by ourselves) is at once the effect of the 
adoption of the report of the committee. But sir, practically, 
as to slavery, the effect is the same, whether the report or the 
substitute be adopted, or whether our Congressional Repre- 
sentatives be received or excluded. "VVe all know and admit 
that the institution of slavery in the Southern States has 
been destroyed, and that its resurrection is as little to be ex- 
pected as the physical resurrection at the present time of the 
dead bodies that have been sleepin^j' in the grave yard of this 
city for the last quarter of a centui'y. Slavery, then, having 
already been abolished, the effect of our action, vrhether we 
adopt the report or the substitute, will be no more than a de- 
claration that it shall not hereafter be reYived. Whatever we 
may say, we have already been deprived of our slaves by the 
act and authoritv of the ITnited States, and therefore our 



100 rKorEr:i)L\r,? axd debate? ix the 

right to compeiisatioii, if any, is now an existing nested riglit, 
whicli will remain nnimpaired, by the proposed prohibition 
of slavery for the future. On this subject we have all em- 
ployed language not entirely rorreet — we have spoken of the 
abolition of slaveiy by the State, ^^■llen onh- its prohibition 
for the future was intended. 

Slavery was the issue involved in the war, at least since the 
President's emancipation proclamation was issued, and that 
issue has been decided by the bayonet against us ; and what- 
ever else we may think about the bayonet, we know that in 
human affairs its decisions are usually so potential as only to 
be reversed by a paramount physical power ; and who, for 
one moment, believes that it is in the range of possibility for 
any such paramount power to be within our reach, for any 
such purpose, either novr or at any future time? For the pur- 
porse of preventing the restoration of slavery, the bayonet u 
still present in our very midst ; and it is in the opinion of us 
all, I believe, the fixed purpose of the United States Govern- 
ment not to remove the mihtary power from any Southern 
State so long, as by its constitution, slaver}- has not been 
abolished, and the agitation, even of the subject, put at rest. 

Then, Mr. President, as to the longer existence of slavery 
there is really no issue before us. vre do, however anidously 
desire the restoration of the. State to all her rights under the 
Constitution ; and in what possible way can the adoption of 
the substitute, in preference to the report, promote or tend 
to promote this important object ? Indeed, might not its 
adoption have a contrary effect, l3y intensifying Northern ra- 
dicalism ? We should remember that the continued agitation 
of the subject of slavery promises no relief to us. Let the 
existing state of things in our midst be kept up for a very 
few years, and we shall all witness, I fear, the enfranchise- 
ment of the negi'o. The very power, sir, which convened this 
Convention can disperse it, and issue another proclamation 
calhng another Convention, and prescribing other qualifica- 
tions for voters and for eligibility to a seat in the body, with- 
out regard to race or color. 

We are without the shghtest possible control over the sub- 
ject, and our condition is manifestly such that we have no 
alternative but to accept the best terms that can be obtained, 
whatever these terms may be. Let it be kept in mind that I 
am not noAV discussing any question of right or justice, ox 
constitutional power : I am considering facts as they are, and 
not as I would have them, or think they should be. There 
is a large and growing party in the North, clamoring, not 
only' for the enfranchisement of the freedmen, but who de- 
mand ecjuality between the races, before the law, in all things, 
and there is not anv iiartv in the North, or anv wing, or fraa- 



]SnS5lSST}'PI r()2N^STITi:TK)XAL CCXVE^iTlOX. 101 

tion of auy pfirty there that, in its demaucls, stop short, at 
this time, of the nnconditioiial abolition of slaverY by the 
Southern Sta^tes themselves. There is a parcy, however, in 
the North, respectable for its numbers, who insist only upon 
the freedom of the negro, with the right of person and pro- 
perty guaranteed, and at the head of this party stands, I be- 
lieve, the President of the United States. He is, I hope, the 
friend of the Southern States— as a statesman and patriot lie 
must desire the speedy reconstruction of the Union, upon 
just and honorable principles — the downfall, everj-where, oi 
mere military rule, and the permanent re-establishment of 
civil powder throughout the length and breadth of the land. 
Let us, then, do everything in our power to strengthen liis 
hands, and carefully avoid w^hatever is calculated, in any way 
to embarrass or weaken our friends. Let us place them upon 
that position upon which alone we have any reason to be- 
lieve they can successfully do battle in our behalf. The po- 
sition of the President is one of commanding influence, and 
w^e certainly know what his "^iews and wishes are, since they 
have not only been openly expressed again and again, but, as 
we must suppose, practically applied in the case of his own 
State. In the new constitution of Tennessee, we find uncon- 
ditional, unqualified emancipation, but neither negro .sufirage, 
nor in a controversy to w^hich a white person is a party, ne- 
gro testimony. The Tennessee constitution is now' receiving 
the cordial support of the President, and by modeling our 
own after that, so far as the freedmen are concerned, we may 
confidently expect that those who advocate the former will 
also advocate ours. 

But, Mr. President, should w"e adopt the substitute, may 
we not thereby place the administration and its supporters 
at a great disadvantage. It would, at least, give the promi- 
nent radicals of the land a pretext upon which to base their 
opposition to the emancipation of the Southern States from 
their present thraldom. These gentlemen and the party of 
w^hich they are the leaders are, doubtless, watching oiu* pro- 
ceedings in the earnest hope that we may play into their 
hands, and afford them plausible grounds upon which to sup- 
port a policy already fully determined upon, and the success 
of which will only be defeated by the utmost prudence on 
our part. 

We should, sir, avoid even the appearance of any wish or 
purpose to dictate the terms on which we propose to consent 
to what is already an accomplished fact, and as to which, 
whatever our rights and wishes may have been, we know we 
are powerless and without the slightest expectation or hope 
of change or redress in the future. It affords me, sir, no 
pleasure to make these remarks. To me this theme is any- 



102 PKOCKEDIXGS AND DEBATES IN THE 

tiling but agreeable. But as practical men — as statesmen, 
we cannot shut our eyes to tlie truth, or (to use a somewhat 
hackneyed phrase) close them to " the stern logic of events.' 
Let us then, Mr. President, vote down the substitute anel 
adopt the report of the committee ; and on all kindred sub- 
jects, let our action be so shaped as to give aid and comfort 
to our friends rather than to our enemies. By so doing, 
there is every 2)robability that the State will be speedily re- 
stored to her federal relations, and to the exercise and en- 
joyment of the constitutional rights to which she will then 
be entitled. Should we, however, aclo^^t an unwise policy, 
or, one not altogether satisfactory to the administration, I 
shall tremble for the result. The indications plainly are that 
there is a numerous party at the North who are conservative 
in their views, and who will rally to our support, if we place 
ourselves in such a position before the country as to afford 
them reasonable grounds to hope, that by their assistance, 
we can maintain the right and uphold the cause of constitu- 
tional liberty. 

Mr. President, our constituents arc tired of a.gitatic;n ; 
what they most want, and Avhat our interest imperatively de- 
mands, is repose — exemption from all political excitement; 
whatever. In good fait^i they have taken the amnesty oath, 
and their altered condition they have accepted, with a fixed 
determination to give it a fair trial. At this time, 1 am con- 
fident that the Federal authorities may. safely confide in the 
loyalty of the people of Mississippi, and that the true policy 
to be 2:»nrsued tov^ard them by the Government of the United 
States, is one of confidence, and not of distrust of their 
fidelity and allegiance. 

Me. Brown, of Yalobusha : 

Mr. President : — I had intended ottering a substitute for 
tlie second section of the proposed amenclment to the Con- 
stitution, but the one otiered by the gentleman from Yazoo, 
and now before the House, embracing, as it does, to a very 
great extent, tlie main features of the one I designed submit- 
ting — I may withhold it altogether; and will, unless the 
sentiment of this body undergoes a material change on the 
subject Ijefore the Hoiise from what I conceive it now to be. 
In giving my views in support of some of the features in the 
substitute, or in the adoption of the substitute as a choice be- 
tween it and the second section of the amendment, it is not 
Ely purpose. Jir. President, to trammel the proceedings of 
tills Convention, nor to embarrass the prospects for ^^recon- 
sir action:' Conscious of the great responsilnlity resting upon 
me, I shall act from a sense of dutjv I owe to the Government 
of my allegiance on the one hand, and to an exhausted and 
oppressed people on the otlier. I favor the •^siiMutute" be- 



MISSISSIPPI CONSTITUTIONAL CONVENTION. 103 

cause while it concedes every requirement of the Go^■e^ument ; 
every reqiiiremenf of Proclamation, and with every require- 
ment, even unoMclal, it proposes to reserve to the people some 
scanty privilege that does not come in conflict with these re- 
([Uirements, and which we have not been requii'ed nor author- 
ized to surrender. I am obliged to the gentleman from Smith. "^ 
in the course of his remarks to-day, for calling the attention 
of the House to the position taken by certain gentlemen iu 
regard to the ''discretionary power'' of this Convention. This 
was occasioned during our first da\''s proceedings, by a reso- 
lution offered by myself, to solicit official communication, from 
the Provisional Governor, who had called, or ordered, the 
Convention. Its object was to receive instruction or advice, 
had his Excellencv any to communicate. I thought there was 
a responsibility resting somewhere in regard to a certain im- 
portant step we had to take, and are now taking ; and I want- 
ed to know where that responsil;)ility rested. I did not think 
it rested upon this body. But it was assumed by gentlemen 
that it did, and upon nobody else, and the action of the House, 
you will remember, Mr. President, sustained the assumption. 
T thought it a mistake then ; I think so yet. I conceive this 
Convention to be the creation of Military order — that we 
meet to-dny by virtue of permission, and that permission con- 
tingent upon the humor of our conqueror" s clemency. I re- 
gret that the Convention evinced a disposition, by that action, 
to shift responsibility upon a wrongful quarter. I regret that 
it did not leave it where we found it, and where it does lie- 
long, and where I shall insist that it yet be saddled. 

Mr. l^resident, however we may differ about other things — 
there is one point, at least, on which we agree : we agree that 
reconstruction is the paramount object of the Convention. Tts 
consummation is the mission of these delegates. In its ad- 
justment are involved questions of vast and vital moment — 
questions of the greatest consideration that ever claimed the 
nttention of any age. The history of the past can furnish no 
precedent to guide or direct us — no light can beam upon our 
ivay — \^\\t gloomy and unexploded is the path that carries us 
towards our ancient allegiance. We know not whether the 
old Union will open wide her arms to welcome back her prod- 
igal daughters, or whether the door ^kvill be closed against us, 
and be left to wander in the darkness and confusion that war 
lias provoked, and left us. 

But we know this, Mr. President : we know that, as we pro- 
ceed, we have to complv with terms that conflict with feelings 
we have long indulged — that restrict us in the exercise of 
privileges w^e are unwilling to surrender. But let us bear in 



•^The reraark? of Mr. Johnson, of .- mitli. refeiT'ed t • by Mr. Browi>, ,vere not funiisliG 
bv Reporter. 



10-1 r'nOCF.[:D!X<;.^ AND D BATKS IN THE 

miiid'that reeonsti'uction ^vas the paramount condition of sur- 
render — the paramount olyect of the Convention — that it is 
the mission of the deleoates here. Bear in mind, too, that re- 
construction is a nation's destiny; it is a great question of 
government, over and al)ove the individual. It. is a nation's 
late, and we should not let our pi-ivate feelings carry us in 
contact with its ailvaii'c nor di-ag us in its dangerous wake. 
It is to me, as an individual, an i!'resisti1)le consequence; I 
must deal with the fact as it is. nnd must make the best of n\y 
condition that I can. 

One of the terms of the condition is the oath of anniesty. 
I place a more liberal construction u])on the last injunction of 
this oath, than prevails, I believe, with the majoritv sentiment 
of the Convention. I do not Ijelieve that my obligations to 
that oath — wliich I shall certainly oliserve, abide ))y and sup- 
port, in ovoodi faith — require me to vote for a free Constitution; 
and if I do vote for such a Constitution, it will not be be- 
cause I feel I am requii-ed b\^ my oath to do so, but |jy the 
Government, and that, too. unofficial and outside of the obli- 
gation of the oath ; I do so for the sake of policy. If I do 
so, it will be because gentlemen of position, whom I esteem 
for their high pi-ivate and public virtues, who have lately held 
personal conference, with the central power, tell me that it 
would he hazardous not to concede a free Constitution. I am 
open to conviction, Mr. President ; and if the distinguished 
gentlemen, so lately from Washington, are in the same condi- 
tion, it is left, then, for after argument to decide who shall 
change opinion. I am not yet convinced of the wisdom nor 
the propriety of their policy, and ma}' perhaps concede my 
own position without being so convinced, l^ecause, conscious 
of the oppressed and helpless condition of our people, I maj^ 
not feel at liberty to hazard opposition to the insinuations 
that gentlemen report having lu'ought from the Great Central 
Powder at Washington. I am not yet convinced that there is 
wisdom in their policy — but that it is fraught with injustice 
and danger ; and they must yet bring arguments to support 
the propositions that have not yet appeared in its defence. 

My construction of the ol^ligations incurred by taking the 
oath to support the emancipation proclamation, is this : That 
that proclamation, like the Constitution, is the law of the 
land. But unlike the Constitution, it has yet to pass the or- 
deal of judicial decision ; until then, as we support the Con- 
stitution, "in like manner,-" says the injunction, shall we "abide 
by and support" the proclamation. Not that we are required 
to canvass the country and proclaim to the poj^ulace that we 
have taken it — but as it is, that we acknowledge its authority. 
The President issued this proclamation. He shaped it, I sup- 
pose, just as he wanted it ; sufficiently comprehensive, in his 



:^EISSI^SIPPI COXSTTTUTIOXAL C .)NYENTIOX. 105 

opinion, to attain its object, and he requires you to so accept 
it, a]3ide l»y and support it. The amnesty oath was adminis- 
tered to us as citizens, and we are required, consequently, on- 
1}"^ as citizens to su.pport it. As menil)ers of this Convention, 
we have taken the oath only to support the Constitution of 
the United States. We took the amnesty oath at our homes ; 
we took it as citizens, and as citizens only have we been sworn 
to support it. We came to this Convention for a purpose 
that has no connection necessarily with the object of this 
oath. We came "for the purpose," says the proclaiiiatioii 
that calls the Convention, ''of altering- and amending" the 
Constitution of the State, so that it may ])e al^le to resume 
its place in the Union. Now, what '•'alteration or amend- 
ment" alluded to in the ])roclamation, that calls the Conven- 
tion, is necessary, "in order that it may be able to resume its 
place in the Union?" Why, simply conform the Constitution 
of Mississsippi to the Constitution of the United States. Al- 
ter and amend it, that the Constitution of the United States 
may operate here in liarmony with the organic laws of the 
State. Alter and amend it, that the Constitution of the Uni- 
ted States may operate here in harmony with the organic laws 
of the State. Alter and amend it that it may not conflict Missis- 
sippi with the position she has held in the Union since 1817. 
Here, in my opinion, end the expressed purpose of the Con- 
vention ; end the expressed business of its delegates. Consis- 
tently, in my opinion, with the proclamation that called tlie 
Convention, and with our oaths to support the emancipation 
proclamation, this Convention could ignore legislation on the 
subject of slaver}' — could ignore it, at least, in the Constitu- 
tion of the State. It would leave the proclamation as the law 
of the land ; it would l)e legitimately the basis for succeeding- 
legislation on all subjects of internal polic}^ relative to the 
rights of property and person of the freedmen. The procla- 
mation could and would thereby be faithfully supported in 
and by the State of Mississippi, and that, too, in the absence 
of a free Constitution. 

I feel that, in perfect conformity with my oath to support 
the proclamation of emancipation, I can vote against the es- 
tablishment of a free Constitution by this Convention, because 
the very proclamation I am sworn to support, declares to have 
settled the matter in advance of my legislation. It declares 
the negro already free. Under that proclamation, which we 
are sworn to recognize as the law of the land, there is not a 
slave in the State of Mississippi — and if this be a fact, and 
we are not allowed to deny it — how can this Convention abol- 
ish an institution that has no existence ? The proclamation 
declares already to have abolished slavery ; I am sworn to ac- 
knowledge it as a fact, but I am not sworn to doubt or to deny 
its validity, by undertaking to complete the job myself. 



lOH" PROCEEDINGS AND DEBATES IX THE 

This ''substitute" to the ' 'amendment," or substitute to the 
proposition for a free Constitution without am* qualification — 
and which I prefer to the proposed "amendment" — concedes a 
free Constitution — concedes every requirement that the most 
strenuous advocates of an unqualified free Constitution can 
say the Government insists npon as necessary to reconstruc- 
tion. It is conditional only so far as Congress makes it con- 
ditional. It is unconditionally free the moment they admit 
our delegates. And if they will not receive our delegates 
without a free Constitution, it concedes the right to receive 
them with one. If they reject our delegates with the privi- 
lege of admitting them with a free Constitution, then we have 
gained by the reservation we liad the precaution to make — 
because we retain a- position that had we abandoned, they 
would have occupied against us. We would have conceded 
the freedom of the negro in our organic law. They would 
then say, concede the franchise, and your delegates may come 
in. Gentlemen, let us ponder well this cpiestion. 

But my distinguished friend from Marshall — from whom I. 
have never before entertained an opposing view on a question 
of public policy — thinks it would look too stubborn, too un- 
yielding, if we liint at any reservation — surrender even the 
right of indemnity. What ! surrender what wfe have not been 
required nor authorized to surrender V I thought it was a free 
Constitution you wanted ; this substitute concedes a free Con- 
stitution. Now, they say you must also surrender ail 
claims j^ou may have to compensation, should any such ac- 
crue from an adjudication of the courts in our favor. 

Mr. President, I am willing to do, and to do faithfully, 
whatever the Government may require me to do, either hy its 
proclamations or insinuations, unofficial, if necessary to re-^ 
construction, and all this is conceded by the "substitute" pro- 
posed. But I am miwilling to surrender privileges, the few 
scant^^ rights reserved yet to an impoverished people. I have 
not been required yet to surrender, by anybody, except by 
these gentlemen, and no other reason offered for doing so, 
than perhaps we might not appear in the e}' es of the govern- 
ment as sufficientl}^ humiliated. I wish the kindly opinion of 
the Government — I wish its reconciliation, but I do not ]>e- 
lieve we could conciliate its favor in such a way. 

I do not believe in surrendering rights simply to achieve no 
other purpose than to look humble. I cannot feel that such a 
voluntary proposition on our part would be becoming over- 
much ; I do not believe the Government could hardly appre- 
ciate such a huge and sudden expression of loyalty from a 
people who had lat-ely been so beligerent. I do not believe 
that Mississippi could possibly elevate herself in the estima- 
tion or good opinion of the United States by heaping volunta- 



M.IS.SISSIPPI CONSTITUTIONAL CONTENTION. 107 

X y Ijiirclens upon her back, j ust to sho^' the Federal Govern- 
jiient how completely suhmissive she had grown of late. 

I tell you what I do believe — I believe the Government 
■.Yould regard it as a reflection upon her pride for her military 
prowess, that you had flattered her to cherish when jrou coni- 
j)elled her to evince her great capacity, in suppressing the re- 
sistance you once rendered so formidable and .so protracted. 
I believe that such feigned and slavish submission on the part 
of Mississippi — claiming no object other than to look humble 
before the conqueror, would be a lasting stigma upon the ar- 
duous struggle we have made — a stigma upon the countless ' 
numbers of our slain — upon the maimed remnant of our liv- 
ing. It would be a stigma upon the graves of 3^our sons that 
mark the fields of a thousand battles. I know that we are 
humiliated, and must feel so — I know that we are disappoint- 
ed in otir purposes of separation and independence — that our 
vast armies are disbanded, and that in quiet submission we 
must bow to fate. But we should remember that on historj^'s 
•eternal page will live the renown of our arms — the chivalry of 
our people, and the dauntless courage of j^our sons. Eemem- 
ber this, and tarnish not your memor}', by oifering to surren- 
der some few little privileges that Government has forgotten 
4"md would never think about again, unless to l3e disgusted at 
our humiliation when we offer to surrender them. But gentle- 
men insist that they have no rights. I do not believe that you. 
have committed treason, and I can say this perfectly consis- 
tent with the position I held on the subject five years ago. — 
The distinguished member from Marshall, (Mr. Watson,) will 
bear me witness that I then denied that a State had the Con- 
stitutional right to secede. I denied that it had the reserved 
-or the peaceable right — I doubted the wisdom, and I opposed 
the exercise of any such policy. Perfectly consistent witli 
fhat position, I say you have not, in my opinion, committed 
treason. Because, before a gun was fired : before an army was or- 
ganized ; before a drop of blood was shed, the State of Mississip- 
pi, m sovereign Convention, declared you an alien to the Gov- 
ernment of the United States. Whether Mississippi had the 
right to do this or not, vv-as for the United States to decide. 
But that she did do it, vvas a fact so far as to you as an indi- 
vidual was concerned, your vState assumed the responsibilitj/-, 
you were known no longer in the matter as an individual — 
you lost your individuality. It became a State action, and 
you, as an individual, had to submit and obej', or suffer death. 
There is another argument : the resistance the Southern peo- 
ple made against the effort of coercion, was so formidable, 
that they compelled the opposing power to recognize them as 
belligerents — compelled them to recognize their cartel, ex- 
change of prisoners, and flag of truce. I think the resistance 



108 PROCEEDINGS AND DEBATES IN THE 

made, assumed a dignity above treason. It was a rovolutiou, 
and must lie, and was so regarded by the civilized nations of 
th-e world. But suppose that you have committed treason ? It 
is true that the President would have the yjower to pardon ; 
but could he pardon you upon that condition which was de- 
signated itself as a punishment, and was imposed against yon 
before you had been proven guilty of treason — a punishment 
which, in ni}' opinion, was the exclusive prerogative of a civil 
tribunal. 

The controling olrject witli ine, gentlemen, is, that this great 
question may be s*^' ' '■''," /r/;.-, The Government of the 

United States has J'.- ,'''.:' rosponsiliility of its settlenient 

— Mississippi is relieved from the necessity. It is now in the 
•hands of a higher power tiian our own ; tliere let it await its 
adjustment. Let it be settled by the Constitution, and we 
will abide that decision, and will support the ."proclamation 
until that decision is made." Let it ])e settled b}' the Su- 
preme law of the land ; supreme- over the States, supreme 
over the Government. I am unwilling that this Convention 
shall, by its action, establish the precedent in the history of 
American jurisdiction, that the Governmicnt can rise above 
the Co/(stit:ffloh in the settlement of any question. In the 
name of ]*.IIssissi]jpi, I protest against it; I protest against it 
in the name of tlie North. In the name of the American peo- 
ple and posterity, I protest against it. Let this question be 
settled, but let it be settled according to the knu. Let that 
settlement prejudice a class; let it prejudice a section; but 
let it prejudice never the integrity of the American, Constitu- 
tion ! 

But, Mr. President, I am discussing wliat I conceive to be 
the merits of a measure that I endorse only as a preference 
to the proposed "amendment." I hope, however we riiay 
differ on this, that harmiony may prevail, and that this Con- 
Tention, in its vfisdom and integrity, may extricate our people 
frorjQ the emljarrassments tliat surround them. 

On motion of Mr. Niles, the Convention adjourned until 4 
o'clock, P. M. 



FOUR O CLOCK, P. M. 

The Convention met pursuant to adjournment. 

Mr. Montgomery asked leave of absence for Mr. Sessions, 
on account of illness. 

Which was granted. 

Mr. Sanders, of Attala, offerred the following resolution, 
"which was adopted : • 



MISSISSIPPI COX^IITUriOXAL Cr;NVEKTrOK. 109 

Resolved, That the Sergeant-at-Anns ])e instructed to make 
the iiecessaiy arrangements Tvith the Postmaster of this citj', 
for the forwarding of all mailal)Ie matter required by the 
members of this Convention. 

Mr. Johnson, of Smith, gave notice that he would move a 
re-consideration of the vote, ])y which the report of the Com- 
mittee on State Constitution was agreed to on yesterday, 
relative to the expediency of authorizing the Legislature to 
confer jurisdiction to the Couirts of Justices of the Peace, in 
certain cases. 

Mr. Simonton, of Itawamba, offered tlie following resolu- 
tiori, which was adoptefl^.: 

Resolved, That the President be authorized and requested 
to appoint a Committee of five on Enrolled Ordinances and 
Constitutional Amendments. 

Tlie Convention then proceeded to the consideration of the 
special order, to-wit : The substitute offered ])y Mr. Hudson, 
for the second- section of tJie rei)ort of the Committee on State 
Constitution. ■ 

Mil. Cooper, of Rankin — Mr. President : I hope that the 
substitute offered by the gentlemen from Yazoo, will not be 
adojited. I cannot myself see any good that can possibly 
result from it. It seems to me that it is simply a proposition 
on the part of tliis Convention, to make a Imrgain with tlie 
Abolition party of tlie North — those who are opposed to the 
rights of the South. It is a proposition on our part, to say to 
them : "Gentlemen, 3'ou desire to place the freedmen of the 
country, the negroes or mulattoes, upon a social, civil and 
political equality with the white man. You have secured his 
freedom, and ask now that he should ])e made an equal. We 
will agree with you to free them, on condition that . you will, 
on 3^our part, agree that our Representatives shall 1 iC admitted 
into Congress." This is the kind of l^argain — a mere pro- 
position for a trade between the A]3olitionists and ourselves — 
from which I do not believe any good can come. I am opposed 
to this, therefore. I think we have but one object now in view. 
The sla^very question is no longer an open question. There is, 
however, a living question and a living issue, submitted to the 
people of this coimtry, and that is in reference to the futiu'e 
status of the freed negroes. The great question is now — who 
shall have jurisdiction — the Federal Congress, or the people 
of Mississippi ? I desire to claim- it for ourselves — and now 
how shall we obtain it ? It is not for such propositions as 
these, in my judgement — it is not by encumbering the record 
by any "whereas," etc — but by inquiring what the true 
interests of the country require. What do they call upon 11s 
to do V Simply to make such ordinances, and so to regulate 
the action of this Convention, as to conform our Government 



110 PEOCEEDINCJS AND DEBATES IN THE 

in the future, to the new order of things. Take the institution 
of slavery as ahohshecl — encuniber that idea with nothing- 
more, and then present ourselves before the conservative men 
-of the North as a State ; and recognizing the result of the war 
;as liaving abolished slavery, demand all other rights we are 
entitled to. I am, therefore, in favor of voting for the report 
of the Committee, as it came before us. I do not care who 
killed Cock Robin, or by what means, or in what manner, 
slavery has been abolished ; but I concede it as a fact. I pro- 
pose that we shall deal with it as practical men — as a fact, 
manifest to practical men, who can draw a correct deduction 
from premises. 

As to the question regarding jurisdiction — if the policy of 
the gentlemen on the opposite side is to obtain, I can see no 
earthly hope, but that Congress, will continue to legislate and 
■ agitate this question, until the last A^estige of our rights are 
taken from us. But, if we actboldl}^ and manfully, meet 
things as practical men, and pursue the course v,diich I have 
suggested, I have no doubt that the result will be all we can 
desire. 

I am Vv'iiling to go this far — to let the institution of slavery 
be considered as abrogated. I am willing to guarantee that 
the State of Mississippi will secure to the free negro, those 
rights which belong to freemen, iii all coimtries — the right of 
personal security, and of personal liberty, and the right of 
property. I am willing to do that, without any "ifs or ands," 
or quPtlillcations, because I believe it best for the comitry to 
■do it, under existing circumstances; but beyond that, I am 
-unwilling to go. I think it is unmanl}^ for us to make any 
■proposition for a bargain with the Black Republican or any 
■•other party. I believe that to be the sentiment of the people 
si:*f-AIississippi. 

I did no»i^ rise to make a speech, l^ut to give my views, and 
to advocntf'. tlvo ysroposition of the Committee, and say that 
hencefbrtii, r.herc shall be no slavery or involuntary servitude 
in Mississip[;i. 

31];. J.'.KNAGiM,' of Noxubee — Mr. President : There seems 
to be a strange contrariety of opinion expressed hy the dele- 
gates of this Convention,, in regard to the policy which shall 
be pursued upon the question of slavery. It is certainl}- very 
desirable that there should be as much nnanimit}^ as possible. 
Feeling impressed with this idea, I think there ought to be 
something yielded for the purpose of accomplishing the main 
object of "the Convention ; that is, the speedy restoration of the 
supremacy of law in our State, and the restoration of our 
- rights, as regards the Federal Government. I know no indi- 
vidual can be more anxious than myself, that this object should 
be accomplished ; and if I Imow myself. I do not wish to throw 



SnSSISSIPPI CONSTITUTIONAL CONVENTION. Ill 

S.J1J impediments in the way of aTccomplisiiing this object, at 
the very earliest period possible. But there seems to be a 
difference of opinion in regard to how this shall be accom- 
plished. As I understand, from the remarks which have made 
by the various members of this body, there seems to be two 
opinions on the subject main!}'. One is, that we should abol- 
ish slaverj^, as proposed by the Committee, in 'the amendment 
to the Constitution, w^hich we now have under consideration. 
There are others who agree with myself, that we ought to do 
something more than merely abolish slaver}^, without giving 
any assignable cause, or fixing the responsibility^ if there be 
any, upon the proper party. Now, I do not agree with some 
gentlemen on this floor, and particularly, the gentlemian from 
Marshall, (Mr. Watson.) I do not agree that we are now in 
a state of rebellion. I do not believe, in the first place, that 
we ever went out of the Union — that we dissolved our connec- 
tion with the Federal Government. I think this is too plain 
to need argument ; therefore, I shall say nothmg in regard to 
the ordinance of secession, or what i:)Osition that placed us in 
— taking it for granted, that we never have been out of the 
Union — or that we have been in the Union from the time of 
secession until the present daj^ That we were in a state of 
disorganization and rebellion, I grant. Then the position of 
the gentlemen from Marshall, seems to be, that we were either 
out of the Union, by the act of secession, or vrere in a state 
of rebellion ; in other words, that we v^ere guilt}' of treason, 
and he tells this body, we can take either horn of the dilemma. 
Take the horn that we were in a s tate of rebellion and guilty 
of tjreason, if the gentlemian pleases, and what is our condition 
now ? The argument which has been used over and over 
again, as giving omnipotent power to the President of the 
United States, as if we were still in a state of rebellion ; that 
even under the imitation of the President of the United States 
— imder the call of the Provisional Governor of this State — 
miiess in our ordinances and amendments to the Constitution, 
we came up to his ground, he would destroy our State Gov- 
ernment. I do not so regard it. I do not look upon the 
President of the United States, as being vested with this power. 
What is now our present status ? We are' here as the repre- 
sentatives of the loyal people of the State of Mississippi, in 
Convention assembled, for the purpose of amending the 
Constitution of the State of Mississippi — and from the verj- 
words of the President, appointing a Provisional Governor — 
from the declaration contained in the proclamation of the 
Trovisional Governor of the State, calling us together in Con- 
vention. The State of Mississippi has been a sovereign State 
from the day of secession to the present hour. Vie are not 
called upon as if we were out of tlie Union, for the purpose 



112 PliOCEEDINGS AND i)EEATi:S IX THE 

of forming a Constitution, in order to be admitted l^ack. into 
the Union. We are called for the purpose of amending- the 
Constitution ; that ^^iiich y/as in existence at the time the 
President penned his proclamation, appointing a Provisional 
Governor for the State. lie so regarded it ; the Provisfonal 
Governor so regards it. He proclaims to the loyal people — 
prescribing . who are loyal — that they shall elect delegates to 
the Convention. For vvdiat purpose ? Isot for the purpose of 
forming a Constitution. It precludes the idea — if ^vc were a 
State— that we vv-ere in a territorial condition, or in any con- 
dition outside of the Federal Government. Then, Mr. Presi- 
dent, I assume this position — that' we are the I'epresentativeg 
of the loyal people of the State of Mississippi — that we have 
convened as representatives of the io^-al people of the State — 
and if we v/ere guilty of treason, and as traitors, whatever 
favor was shown us, was a matter of mercy, as declared on 
this floor ; that treason has been v,dppd out hy the amnesty 
proclamation of the President of the United States. To-day, 
so .far as humility is concerned, we stand as if there had been 
no rebellion, or if vre had been guilt}' of no treason,. When 
it has been declared by the highest povrer of the Government, 
and the Nation, we have been purged cf our treason, and the 
rebellion wiped out, we stand then as the loyal citizens of the 
State of Mississippi, with the same Constiutitutional rights as 
any State is invested with. If not, the proclamation amounts 
to nothing — we have been, guilty of treason in the eyes of the 
President of the United States. He issues his pardoning pro- 
clamation, and as a test of our loyalty, he recpiires that we 
shall take a certain oath ; and when we ha^.^e taken that oath, 
we arc restored to our loyalt}', Und recieve all the Constitu- 
tional and x)olitical rights, and the rights of property, except 
ill slaves. I cannot see that we are disloyal subjects of the 
Government of the United StatCo, knocking at the door of the 
United States for admission, riS parties guilty of treason, and 
claiming mercy ^t'the hands of the Executive of the United 
States. We stand here as loyal citizens representing the loyal 
people of our St.tte, and I wish to shape our legislative action 
so'that vfemay ]>reserve our manhood, self-respect, and the 
dignity of the State of Mississippi, as a sovereign State. — 
Then it becomes us to pursue a certain course of policy ; and 
deny it if we may, but the facts stand out boldly to our face, 
that vv^e are assembled' here to-da}^, as the sovereign people of 
the State of Mississippi, -representiiag the sovereignty: we 
stand here not untrammelled, yet without extraordinary or ex- 
traneous influence operating on this body. We all know it ; 
but at the same time, Mr. President, I cannot believe with ' 
some gentlemen upon this floor, who seem to think, that unless 
we come up to the behest of the President of the United 



MISSISSIPPI CONSTITUTIOKAll COXVENTlOy. 113 

•States, that he has that omnipotent power by vfhich he can 
overleap and trample down the barriers of the Constitution, 
and deprive us of our rights. No, I ])elieve, placed as we are 

^ow, as a sovereign State — our guilt, oiirrebeilion, our treason 
having been vviped out, that we should present ourselves as a 
free State, and claim the high rights v»^e are entitled to under 
the Constitution of the United States, and the law^s of Con- 
gress. But notwithstanding all this — notwithstanding our 
clear Constitutional rights — notwithstanding representing 
the people of the State of Mississippi, as w^e do upon this 
floor, we are in a situation, in which it may be politic to shape 
our course, so as to meet the ends which we wish to accom- 
plish. It is certainly very desirable to carry out the grand 
doctrine which is contemplated bj' the subject under consid- 
eration, that we slioidd have as much nnanrmity of action on 
this subject as possible. How is that unanimity to be pro- 
duced under the variety of opinions entertained upon this 
floor ? I think it mdght be produced — at least, I have heard no 
argument on this floor, which precludes the idea in my mind 
that this harmony can be produced. The fact that slaver}^ 
is abolished, is not questioned by anybody — practically 
abolished, at least. ' That slavery, as remarked by the gentle- 
man from Hinds, is dead, dead, dead, I agree. Under ordin- 
ary circumstance, it might be asked, vfhat are v/e doing here 
upon this subject ? Are we merely hurrying the dead, or are 
w^e fighting that battle over again, for the purpose of killing 
slavery more completely than it was kille ' ' ' action cf 
lihe Federal Government? Slavery no hj: ,, ,/--ts in the 
State of Mississippi, practically, and to all intents and purposes, 
and it is not my object, and those who agree yith m.e in sen- 
timent on this floor, to take any action which has a tendency 
to the restoration of slaver}', within the State of Mis3issi]2pi. 
There are dangers, it is true, ahead of us, but I do not expect, 
let the action of the Convention be what it may, that the or- 
ganization of this State is to be dcranued hereafter by the 
President, or by the Congress of tiie United States. It is 
intimated, and I do not pretend to deny the fact, that the 
President of the United States- has given out in unmistakable 
terms, admitting that he has the power — that there are cer- 
tain requisites which it wiU be ~ ■ ":''•, at least, to secure 
that representation in Congrc:-. .. •; :;.., ;;ite of Mississippi, 
in her Convention on this subject to pursue, ■ and that is to 
present a free Constitution. I grant that the report of the 
Committee on the section under consideration, does present a 
free Constitution ; but there are members upon this floor, 
acting with myself, vv^ho arc not looking alone to the admission 
of our members into the Congress of the United States; but 

^while they look witli anxiety to the accomplishment of that 



114 PROCEEDINGS AND DEBATES IX THE , • 

object, at the same time the}" have an e,ye to the interests and 
dignity of the State of Mississippi, and to the interests of our 
citizens. The amendment which was heretofore introduced 
b_y myself and laid on the tal)le, and the substitute whichVas 
offered by the gentleman from Layfayette, metn\y"\dews fullj- 
upon this subject, and I think tlie sul.ystitute secures the rights 
of the citizens of the State of Mississippi. I think at the same 
time, it leaves the responsibilit}" of the abolition of slavery 
where it properi}' belongs, and that is upon the Federal "Gov- 
ernment. I should state here, that if the section wliich has 
been introduced by the Committee, should fail to pass, it 
would be my purpose, to call from the table the substitute 
which was offered by the gentlemen from Lafa^'ette. 

NoTv", Mr. President, I think there is a responsibility — a 
great responsibilty — that rests upon the Federal Government, 
and the argument which is used upon this floor, that this 
responsibility will never ])e met, no matter how just it may 
be, has no weight upon my mind at all. If it ]3e a just claim 
— if any portion of the State of Mississippi have a just claim 
on the Federal Government for compensation, we sh.ould take 
no action that possibly can be avoided ; at the same time ac- 
complish the restoration of our rights in the Federal Govern- 
ment- — that shall cut off our rights. 

It would be useless for me to state niy views in regard to 
the responsibility now resting, or that will rest, upon the 
Federal Government. That question has been used by learned 
gentlem.en on this floor, and in a much fuller manner than 
I could do it. Therefore, for the purpose of making my 
remarks as short as possible, I will pass over the various 
responsibilities, which I consider resting upon the Federal 
Government, b}^ reason of the abolition of slavery on our 
part; and it is my o'. - r. i;] the vote which I shall give upon 
the report which has Lec:i introduced, to secure the rights of 
all. It will be my object to leave the responsibility, whatever 
it may be, upon the Federal Government — and the State of 
Mississippi, shall not, by any action which she maj^ take, as- 
sume and take upon herself that responsibility. Now, the 
amendment which I refer to, accomplishes this precise object, 
and, as I contend, precisely the object contemplated b}^ the 
section under consideration. I have heard no argmnent to 
show that the prGivii^Io ^-^ ' ' - 'iien speak of, will preju- j 

dice our rights, or tiiat : ; from presenting a frepi 

Constitution. The Constitution, with the substitute, will be 
as free as the ConstLtntion "^lll be, if the clause introduced fcy 
the Connnittee be a ' /'-Hj' fi'ee. It is? a f^e 

Constitution, and I t, :\ : ■ any gentlemen on tits 

floor, show to this body, how it is possible, that by the adop- 
tion of the amendment I sneak of it is the vrorse. Slaferv 



:»,IISSISSIPPI COKSTITL-TIOXAL CONVE^'TI0N. 115 

has been abolished by the action of the Fecl-eral Goyernment. 
Tiierefore, we say, '^Be it ordained, that hereafter slayery 
shall not ezdst in the State of Mississippi/' That vrili meet 
the views of the President, I think. I merely state the fact, 
that the President himself states. If there be any honor in 
the abolition of slavery in the Sonthern States, it belongs 
not to ns, because according to the declaration, slaveiy in 
already dead ; and if slaveiy be extinct in the States of tlie 
Union of the Federal Government, which is nnQuestiona])ly 
true, then I saj^ in ail action we take, even npon the section 
mider considerfition, abolishing slaveiy, we merely do a work 
of snperorogation, only to appease the North, and meet the 
views of the President of the United States, and therebj^ secure 
our representation. The world knows we met here in Con- 
veiition hy strong pressure, and hj the action of the Fedferal 
Government ; that vre were forced almost ; vre did succumb, 
and we did abolish slaveiy, sta.ting it should never liereafter 
exist. ■ It is not a voluntary offering on our part. It is one 
that has been wrested from us,andw8ma3^ say v>diat we please 
about. It is from compulsion on our part. As slavery is 
dead, I have no hesitation in recording my vote to the effect, 
but I want to record mj vote, how it was brought about — how 
it was, Mississippi was abolitionizeil — how it was, that four 
years ago, no man would have been in Convention, voting in 
favor of the abolition of slavery. I want the record to go out 
with the facts, that is, that the Federal Government abolished 
slaveiy. Therefore, the State of Mississippi abolished slaveiy 
for the purpose of getting her rights, which she has under the 
Constitution of tlie United States. Some rinanimity must be 
13roduced in this Ijody, and if gentlemen can show that we are 
to pTejudice our rights, and throw impediments in tlie way of 
the accomplishment of the object we all haAX hi view. I am 
open to coFiviction. I have as yet heard no argument on this 
floor that has convinced me, that the substitute offered by the 
gentleman from Lafayette, does not present a free Constitu- 
tion, untrammelled, and setting forth the facts, and the cause 
of our action to-day — -no argianent that has convinced me, if 
we adopted the substitute, we should defeat our object. 

Mr. Go ode, of Lawrence — Mr. President: I wish to make 
a- few remarks, for the purpose of removing, if possible, some 
difficulties, which appear to exist. It seems to be assmned by 
the gentleman from Hinds, *(Mr. Potter,) that so far as the 
question of adopting a free clause in the Constitution, de- 
claring slavery aloolished, the amnesty oath we have taken, 
has nothiur: :' ■'^- ""ith it. He declared himself free to vote 
for a slave 'i ;;ion. or for a free Constitution — that oath 

notwithstanding, i understood him to declare himself the 
representative of the sovereign people of the State, authorized 



116 PEOCEEDIXGS AND DEI;:^ •[::-;:; THE 

to do ^ Li 1 e o 1^ [^ ! ■.'' { 1 1 jL ) 'j 

people K (I ^ u *■ Oii nil n*' c 

side til L- <^ ( \Litio . ' n 1-, ( cii 

di^ o' L u ^ ^ V T o' 1 — c 1 

IPOtlO 1 -> I, Ti I il i^ i-.r J L t^ s 

Con\entioii V/as oigciiiiZ^d ajid icdd} to pioc^^-d to biL-sineb,.., 
and to inquire if lie liad any commmication to make to U3 — 
wlietliCT it might not be Ijetter, in vieiy of tlie peculiar circimi- 
stances, under wliicli we had assembled, to wait for some com- 
munication, in relation to our power and rights as a ConTentioii. 
The gentleman from Hinds, in reply to that suggestion, and 
upon the motion, I JjelieA'e, to re-consider, stated what I 
have already recounted, as tlie gentlemen from Smith, (Mr. 
Johnson,) h^s- remarls:cd. I understood another delegate 
from Hinds, (Mr. Johnston,) to endorse this position, and 
to state tliat lie considered liimself the representative C'f a 
sovereign people, and accountal)le to no authority outside 
this Convention, except the people of Mississippi. But 
w-hatever opinion is enirnciated here, I did not then, and do 
not nov\-, I'-lr. President, consid« 
of a sovereign peoDii i jk 
required by the })j > i 
they vfere authori/ l > i 

could take mj^ sca^ n -^ i 
quired to take a cc i l i "> o d'l j 
mind, has not beei mr \( 1 i i 
I shall have to vo' i i 

from Yazoo — in c l i i 

It has been rem i i i ( i j; 

to do with the qi ^ n — lI ^vtn v o 

abide by tlie Cons I o i i i i of ^ f S ^ 

thereunder, and ii ' v u i > ^ 

ing the existing r 1 'lio u 1 > ^ ai 

fore, they have a i ^ht lO v olc _ > iic C^n^^ '' 

tion. It is m.j misloitimf^ -i oi i » lo^ i c' 

the rules for interpiciin^ ^ ( c u _o t^-^lj 

yourself as to the elm ml (^ ^ > i kJ 

against, and the obi^c^ o 1 j o^ ^ 7 

distinguished gent ' i i v^ o i ) i itcf 

the United States i ol e m ^ i ) i \ i j ( ^ ^ ^hi 
itative shape, for 1 i ^UidanCo oj i^ C ; i ^u lo i but u iv i 
hints or inuendoes, ojf wnicR tnis Conyeniion ougncnos lo be 
governed. I have before me the pi'oclamation in which this 
amnesty oath is contained. After certain recitation.- &q., he 
goes on to sa^' — I think I quote it correctly — ■•to the end 
therefore, that the authority of the United States maylje estab- 
lished in the State of Mississippi, and that peace, order and 
freedom may be established'' — he inovides for amnesty and 



?r nivself tlie : 


Tp] 


:esentative 


^ 


) -ent i 


n^ 


he ( ^^ 


--c 


) 


( 1 V. till 


n ( 


th bch. 


r. 


T^^ , 


li-. D^ I 




Bcfoie 


I 


( 


i th o 


a\ 


I V' I, T 




i( C I 


hcu^n 


! 


■^ 


r 


•-ii 


- it t ^ ■■ 







1 


-Li 


itb c 






1 



MISSlSSipri COX>TITUT[OXAL COXVEMIOX. ,117 

i 

pardon. What freedom V Tlie freedom of the wiiites ? Not 
£t all. Has there been but one elass thiit lias T^f^eii enslaved? 
If the \\OYdL freedom "was put into ■' : :■ 'i • : 'dvisedly, 

and I take it, it was — and hfes any i.-cabi:^_. i . -^ :^ not mean 
to the previous slave population here ? Surelj', and to estab- 
lish that freedom, he issued this proelamation, and prescribes 
a certain oath, co.lled the "amnest}''' oath. I have been met, 
out of doors, -with this suggestion, that this oath means sim- 
ply to provide for the acceptance of the iDroclamation and 
laws in reference to the emancipation of slaves — that wherever 
it was placed in my power to defeat that proclamation or 
support it, then I was bound, by my oath, to support it ; and 
this, of itself, would induce me to vote against this substitute. 
I do not profess to be a very erudite scholar, but do profess 
and claim to understand ordinary language. 

There a,re two terms used in the latter clause of this amnesty 
oath. One is to abide b}^ the proclamation and laws with 
reference to slaves. I take that to mean acquiescence and 
submission to those laws — acting simply in conformity to 
those laws, or abiding by them in a passive manner. There 
is another term used — to support also those laws. What is 
the meaning of the word sux)port ? I think, that I will aid in 
upholding and carrjdng them into effect — giving ever}' assist- 
ance in so doing. Suppose, and as is contended, that slavery 
is not legally abolished in toto— and I take it, that almost all 
lawyers will agree about this, that slaver}^ has not been legally 
abolished 'in the State of Mississippi. Gentlemen say differ- 
ently, as if it was the conclusion of the argument that nobody 
contends that slavery is not abolished. I would like to know 
the meaning that gentlemen intend to give terms, where t\iQj 
use them. I am willing to admit that slavery is impracticable 
here, and has ceased to exist as a live and vital institution ; 
but there may be a legal :-lavery .still, although it may be but 
a, m3^th floating in the immagination of legal gentlemen, pre- 
tending to understand the rules of law. I am free to 'admit , 
that President Lincoln had a right to issue the proclamation. 
I concede it, so far as the United States troops succeeded in 
giving slaves actual freedom, during the,. existence of the war, 
there exists not a doubt in my mind, as to their real freedom. ; 
but, sir, at the date of the surrender of this department, and 
of the armed forces of the Confederacy, when there existed 
no longer, an armed rebellion, and there was no possibilitj^ of 
the commission of any further acts by the Confederate States 
armies, or Miy State composing it, there was a large number 
of slaves not reached by the militarj?- arm of the United "States. 
What is the status of that portion of the slave population ? — 
Is il contended that the mere war measure of Mr. Lincoln, ivhich 
as a war measure, in terms, is only operative during war, re- 



lis PROCEEDINGS AND DEBATES IN THE 

mains operative after the vv'ar lias ceased V I have the best 
evidence that the United States Government did not so regard 
it. I remember reading a speech — a great one, as I thouglit 
at the time, and still think — of Mr. Seward, just previous to 
the -nomination of Gen. .McClellan to the Presidency. I took 
it to be an electioneering speech — in which the doctrine was 
distinctly enunciated and laid dovv'n, apparently b3^ authority, 
that Mr. Lincoln, and tlie United States Government claimed 
no virtue for the ■proclamation, except as a Vfa]; measure, and 
he used this emphatic language — that v^dien the war ceased, 
it ceased to be of force. I saw no disclaimer of this lan- 
guage, on the part of the Government, and nothing to indicate 
that the Government did not agree vvith the Secretaiy of State, 
Those prociftmations, then, being ^inoperative when the war 
ceased, I take it that those persons who remained in slavery, 
at the end of the war, are legally slave. I infer from Presi- 
dent Johnson's amnesty proclamation, that he took the same 
view of this matter. I infer from the proposed amendment 
to the Constitution of the United States, adopted by Congress, 
and refered to the States for approval, in February, 1860, such 
was the view takeil of it b}^ the United States Government. 

The anniesty oath is proposed. How does that oath propose 
t:; treat us V The gentleman from Marshall, (Mr. Watson,) 
said that geiiL^lemen, who iusisted upon the substitute, must 
take one of the two horns of a dilemma — eitlier that the State 
was sovereign, and was so trerited, or we were traitors. I think 
we have admitted, by the amnesty oath, that vfe occupied the 
latter position. President Johnson undertook to extend 
amnesty and pardon to certain persons, who had been in a 
state of rebellion, and the mc-m])ers of this Convention accepted 
the terms, came forvfard, and by their act in taking that oath, 
admitted that it vras in his pov/er to propose such terms — that 
it was just and right that he shouhl propose such terms, and 
that we occu])ied the position v/hich that prockunation assigned 



to u^ — n t "'k ic ^ 


s I nece -,it 


) ' I ) p'uj^ oui selves of 


thisuct-o i'"" 


POP f^e^o c 


V ' ^ ^ MO our rights 


and p < 


f [ ^ id 1 ]( ^ 


L ' u c cit ^ of Mis- 


sissu)^ ' ^ ' 


S itc- 


"u coji ( ^ ^ ook this 


oatl: } 


c 


r ) 1, iU^iit be es- 


tabl , c ' 


' ( 1 


j » c said, to 


cert 11 1 t 1 


a 


() ^ ^H u lO tcept it or 


refu ^ 


> 


1 r en xicxaber of 


this Co iiiL i J 




^ e ICC teims, but 


so (jij^ c^ ei^ r c 




- 1-ushe e. 'What 


is oui Cii ^, 1^ i( "! 


^ xb 


^ c L'i^L ti 3 amnesty and 


pari'^i ^1 


1 1 ^ 


{ V. c ^iiS ' ici iti on to bind 


u? ■ 


CO c ^ 


^ into ~v u ch ^^e entered 



MISSISSIPPI COXSTITUTIOXAL CCXYEXTIO^r. 119 

But, says the gentleman upon the right, what riglit has the 
President to affix an}' condition, t,o this pardon? He had the 
right of pardon or punishment, but having pardoned, it was a 
contradiction in terms to impose as a condition, what was, in 
reality, a pimishment. I heg leave to differ irom the gentle- 
man here, and say that the President did not inflict this pun- 
ishment. If it be a punishment, it is self-imposed by the 
o-entleman himself. The President did not, hy ph^^sical force, 
compel me to take that oath, but I consider that there was 
an inducement sufficient to influence me to take it : and, having 
done so, I consider it before Heaven and this Convention, as 
a voluntary oath, and I expect to a,bide by it, as I construe it. 

If my position, Mr. President, be correct — if tnevfordi" sup- 
port" means more than mere acquiescence — if gentlemen of 
this Convention should consider that when we hai,ve provided 
a Constitution, for future time and generations, and people 
who may not have taken the amnesty oath — if gentlemen con- 
sider that this com.es under the term "support," when we were 
called to deal with the question in lAiis shape, I do not see any 
escape from this oath. I feel mj'self 'oound, andi. have, ever 
since I was announced as a candidate for this Convention, to 
vote for a free Constitution ; and I consider this Convention, 
so bound, when by a unanimous vote, the}' adopted the pro- 
posed ordinance, to strike out of Constitution all the pro- 
visions, in reference to slaves. We heard of no substitutes 
or conditions that our Representatives should be received in 
Congress. We must disregard all these considerations, when 
we come to what I consider a literal compliance with our 
oaths. Gentlemen stick it out as if there was a lion in the 
path ; as if there was danger of hinniliating ourselves. I am 
opposed, as much as the gentleman on mj right, to doing 
anything for the purpose of humiliating ourselves. I under- 
stand no gentleman to contend for that position. I think we 
*re siifficiently humiliated, and Vv^ere when we took the 
amnesty oath ; -but we prefered taking it, to abide the risks of 
suffering the pains and penalties of treason ; and I think that 
we intend to act in good faith with the United States Govern- 
ment, in regard to the conditions fixed for our part of the con- 
tract. If we have a right to affix conditions, as insisted by 
the gentlemen from Yazoo, (Mr. Hudson,) and supported by 
able members, we ha.ve a right to refuse to adopt an}' clause 
in the Constitution, abolishing slavery — or such as will render 
it utterly impossible for the Government of the United States, 
ever to receive it. I consider myself bound — actively, not 
passively — to support the proclamations and laws made during 
the existence of the rebellion, in reference to the emancipation 
of slaves, and I prefer, as some gentlemen have said, that it 
should appear — as history, if you will, written by the Con- 



12'' i-R(n:KrA)iz\Ci^ axd Di'iii.vr 



TUT-: 



yeiiii'.-i : > 4l — that slfivery has ceased to exist as a. vital iii- 
stituthji. — i'ot by the act of tlie Ujiited States Government, 
(lb?- I do not believe it wns the act of the United States G-ov- 
ernment rJone, or that it '.vas produced by tlie ordinance of 
secession alone.) but as a consequence of the war. We all- 
]mow It to be a f : : ^^ i .,f t . ..,^|:^^ ^^ stating it for tiiis reason. 

I am opposed i- iiumiliation than is absolutely 

necessary for tiie ijencii'L iA tlie people of Mississippi. Not 
that I am proud and haught}^ but I am opposed to humiliation 
in the sense in which, I suppose, the use of tlie word upon 
this floor was intended te be taken — thougli humiliation is in- 
culcated as a Christian virtue, and in tliat sense, not to be 
shunned. I would have been in favor of inserting a few 
words in tins ordinance, as an amendment thereto, to the ef- 
fect that '^slavery having ceased to exist, we. provide that it 
shall not hereafter exist."' It might, and will be inferred, 
that intimidated hy ];ayoncts — over- awed by hints or inuen- 
does, the delegates of the people of Mississippi, who hereto- 
fore insisted that slaveiy was right, by laws l>ot]i divir.c and 
human, have turned a complete soinmersaidt, and have, un- 
der this intim.idation, Ijeisg thus oVer-awed, have suddenly 
changed tiieir minds, and said slavery Vt-as wrong, and there- 
fore should not hereafter exist — said it in substance. It will 
be insisted that this sudden change which public opinion ex- 
presses t]irougli this Convention, is the result of fear and of 
threats. I would, therefore, insert some clause in the Con- 
stitution similar to vvdia^tl have suggested; but if that cannot 
be done, I will vote for tlie section as reported. 

The gentleman from Yalobusha, Mr. Brown, asserted there 
was no need, in his opinion, of any provision that slavery 
should not hereafter exist, in connection with that oath. The* 
gentleman seems to overlook the fact that there may be per- 
sons interested in this assertion, fo'r whom we are adopting 
this Constitution, viho have not placed themselves in the 
state tha.t members of this Convention have — who have not 
taken the amnesty oath, and who will not be bound by that 
oath to abide by and support the emancipation proclamation. 
If we permit slavery to exist, and those persons — they may 
be in the majorit}^, for all I know — were to continue the insti- 
tution in the State of Mississippi, in the absence of any claim 
prohibiting it, would we have fulfilled the obligations whicii 
we have sworn to support ? I take it we would not. We are 
providing laws, not for ourselves alone, but for the Govern- 
ment, and the people of Mississippi, whosoever they ni^y be 
— whether they iiave taken the amnesty oath, or have not ta- 
ken it. I think it is our duty — I feel it, sir, so strongly, that 
I did not consider myself at liberty to vote for the substitute 
— to Yote for some clause i^rescribing that slavery, or involun- 



■ r^ri^'ST-siPPi ^ ■o:^ sTiTUTioxAL cjxvextiox. 121 

taiy servitiKle, shall not iiereafter exist. How will it be, on 
tlie ground of expediency and policy ? If this substitute were 
adopted, when it went before Congress, this would be urged — 
and I can see no way of i?uccessfully refuting the position, or 
getting around it — tliat we left the people of Mississippi at 
liberty to revive tlie Institution of slavery and continue it, if 
the proclamation and the laws in reference to the emancipa- 
tion of slaves, which we have sworn to al^ide by and support, 
were decided to be unconstitutional. It would be said that 
we had not kept our faith with the General Government, and 
that we could not be trusted, and vvould not yield the ijoint 
which we settled — that we liad violated our oath, and would 
not be given the privilege of taking another. 

I call tlie attention of the members of this Convention to 
tlie peculiar language used. The whole is not contained in 
one sentence ; but we swore, first, to abide by and support the 
Union of States, and the laws thereunder, and the laws in re- 
ference to rebellion ; and then, afterwards, we swore to, "in 
like maimer, abide Ijy and support" these laws and procla- 
mations 1 Is it usual, in swearing an officer, to say — '-You 
swear to support the laws enacted hy Congress; the proela- 
Kiations issued by the President, and ail the decrees rendered, 
b}^ the Courts ?"' The oath to support the lavrs, involves all 
that. 

The gentleman from Hinds, Mr. Potter, laid great stress 
upon the fact that we should not hid bound by this oath, in 
case the courts decided that the proclamations', (fee, were un- 
constitutional. It was within the x^ower of the President, al- 
though the proclamation and the laws in reference to the 
emancipation of slaves were unconstitutional, to prescribe' as 
a condition to our amnesty and pardon, that we should take 
llliis oath. How would this whole oath be construed ? As 
Oiie oath ? I have called attention to the peculiar language, 
and it would be considered, in law, as one oath. It would be 
said that we have sworn to support the Constitution and other 
laws ; in other wokIs, you have sworn to suppoH the Consti- 
tution, save and except so far as regards the institution of 
slavery. If the President did not deem it necessary to swear 
us to support any other laws and proclamations besides these 
in reference to the emancipation of slaves — was not that the 
reason — because doubts did exist in regard to the constitu- 
tionality and legality of them ? But it was intended to bind 
the conscience of all those in rebellion to a])ide bj^ and- sup- 
port them, in any contingency, as the political policy of the 
country — not as a part of the mere law of the country, but 
to deal with it as outside the Constitution, in this sense, and 
to swear us to support it and assist in carrying it out. 

In voting, on yesterday, against lajing on the table certain 



liiJli TROCEEDINGS AND DEBATES IN THE 

propositions, I did not intend to conve}' tlie idea — and I sup- 
pose other gentlemen did not — tiiat we were in favor of 
amendments, the tabling of wliicli we opposed. I wish sim- 
ply to explain that wheii I cast my vote,. I did not mean to be 
considered as binding or committing myself to A'ote for them, 
if put on passage ; but I wished to prolong discussion. We 
came here with the idea of expressing and hearing expres- 
sion of views on this subject, as .the main object and duty of 
this Convention. My constituents looked .at nothing else, 
and I told them that probably the Convention would deal 
with little else, at this time. I wished to be enlightened, and 
was opposed to cutting off debate, by laying on the table, 
undiscussed propositions, wishing, as I and my constituents 
do, to have presented for consideration, the different aspects 
of every question. 

Mil. Ckawford, of Jones. — Mr. Speaker : The principle of 
the opposition to the section embraced in the report of the 
Cemmittee, seems to be remuneration. I would agree to tha;t 
amendment were its provisions broad enough, l^ut in that es- 
sential, all the. provisos ])rought up and offered to the origi- 
nal report of the Connnittee, have fallen short. These pro- 
visoes have only aimed at remuneration to certain classes, who 
have heretofore been the owners of slaves, while I, Mr. Pres- 
ident, represent the v»'idows and orphans of the Caucassian 
race, whose cries are now ascending in my down-trodden 
county, for bread. Yes, sir, in my sutfering county, of Jones, 
to-day the wails of three hundred and eighty widov/ed. vfo- 
men and starving children are ascending before the God of 
right, and appealing in tears to tlie powers appointed for re- 
lief. Yet, in the midst of these facts, it appears that the en- 
tire sympathies of this l)ody are directed to that class who 
are presumptively suffering from the passage of the sectio^i 
umler coiisideraKon. I appeal in honesty to this Convention, 
to remember the white race, and not to be wholly absorbed in 
Africanism. 

Mr. Gowan, of Simpson. — Mr. President : It is not mj 
purpose, in arising at this stage of the discussion, which has 
progressed ^t such great length, to detain the Convention 
long in discussing the substitute offered by the gentleman 
from Yazoo, (Mr. Hudson,) or the amendment proposed to 
the Constitution by the Committee. But I deem it due to my- 
self as a delegate to this Convention, and more especially to 
those whom I -have the honor to represent here, to giA^e ex- 
pression to the views I entertain, and the reasons which will 
govern me in casting m}^ vote. 

There are some portions of the substitute, Mr. President, 
which I might consistl}^ vote for, if not taken in connection 
with other portions ; but taking it as a whole, I shall be con- 



MISSISSIPPI CONSTITUTIONAL CONVENTION. 123 



strained to vote against it, considering our present relations 
to the Federal Government. The substitute proposes that if 
the Congress of the United States will admit our delegates to 
seats in that body, that in that event we will abolish the in- 
stitution of slavery in the State of Mississippi, etc., assuming 
that slavery, as an institution, still exists in this State, not- 
withstanding the emancipation proclamation, and the laws of 
'Congress, and the results of the war. I cannot see, Mr. 
President, that the objects contemplated in calling this Con- 
vention together, can be accomplished b}^ making such prop- 
ositions as this to the Government of the United States. In 
other w^ords, I cannot see that we will succeed in restoring 
our constitutional relations to the Federal Government, by 
iidopting such a dictatorial policy as this towards that Gov- 
ernment. In doing this, sir, we attempt to dictate terms upon 
which w^e will be admitted back to our constitutional relation- 
ship with the Federal Union. Sir, this would be a novel and 
exceedingly strange attitude for a vanquished and conquered 
people, groaning under military despotism as we are, to as- 
sume towards those who, after four years of desolating war, 
have succeeded in wresting from[us every means of resistance, 
and established over us a most grinding military despotism, 
which w^e can in no wise get rid of^ unless we complj^ with the 
terms prescribed by the Federal Government. And what are 
those terms ? As I understand them, tliey are to strike out 
the slavery clause of our Constitution, and guarantee freedom 
to those who have been held in slaver}- heretofore in this 
State. As I understand it, we are not to abolish the present 
ijistitution of slavery in the State of Mississippi, because that 
has already been destro\"ed by the emancipation proclamation, 
and the power of the military forces of the United States ; 
-and it is so regarded b}^ the Federal Government ; and hence, 
we are not asked to do that which is already regarded as ac- 
-complished by the Government of the United States ; but we 
iire required to provide, b}" our Constitution, that neither 
_^lavery nor involuntary servitude shall hereafter exist in the 
^tate of Mississippi, unless as a punishment for crime, 
whereof the party has been convicted. But, sir, some hon- 
orable members object to this position, and ssiy that slavery 
lias not, in deed and in fact, been legally and constitutionally 
4\bolished in this State. As to the correctness of this as- 
sumption, I am rather inclined to agree with those who as- 
sumed this position, as it is a matter of doubt in my mind 
whether the United States have the power to strike down, by 
executive proclamation, an institution or species of property, 
recognized and established by the Constitution. But admit- 
ting this to be true, I would ask, what conceivable good can 
inure to us by reason thereof? None whatever, when we con- 
9 



124 rKOcEKDiXGS AND DEIJAT.^S TN THE 

sider that the Supreme Court of the United States is composed 
ofmeu, who coincide with the administration, and the whole 
people of the North, that the Government had a Constitu- 
tional right in suppressing the rebellion ; to declare the slaves 
of the Soiitli free: and to maintain their freedom, purely as a 
w\ar measure, .ind this ])arty being in powder, and having our 
State under martial law and military government, they will 
maintain the freedom of the negro, until we acknowledge and 
acquiesce in the fact, that the negro is free ; it matters not 
whether that freedom was ])rought about by Constitutional 
means, or not: and having taken this view of the subject — and 
I conceive this to be the onl}" correct view — we have the alter- 
native left ns. either to give np the institution of slavery, and 
shape our fundamental law in accordance with this truth, or 
to content ourselves to remain, under military Government, as. 
a conquered })rovince, and ultimately have negro equality, 
socially and politically forced upon us. And I tliink, Mr. 
President, that it is far better Jbr this i)eople, not only for 
their present welfare, but for the welfare of generations yet 
to come, to secure to iis and to them, supremacy over the 
negro, and the right to give him, by ^'easonable andjust laws, 
security and protection in his person and property. 

These are the terms of adjustment, offered to ns by the Presi- 
dent of the United States, and the only terms which we can 
expect to obtain. But there is another question involved in 
this substitute, Avliich I would favor, if separated from the 
l)alance. It is proposed to set forth, by wa^^ of irreamhle, the 
means by which the institution of slavery was destroyed. I 
think it veiy proper, that this should be done ; as the amend- 
ment offered by the Committee, if adopted as it stands, might 
be misconstrued by the w^orld, so as to cast the responsibility 
of abolishing the institution of slavery, upon the people of 
this State. And this I am utterly opposed to. The authori- 
ties and Government of the United States have destroyed this 
institution, and I am in favor of giving them the sole honor. 
The}" have fought through a desperate war of four years, for 
the consummation of this object; and I am in favor of their 
enjoying the exclusive credit of it. 

But there is another question involved in the substitute, 
Mr. President. This question has reference to compensation 
for slaves freed during the war. I am in favor of the people 
having compensation for their slaves, taken from them without 
their consent, if it is possible for such compensation to be had. 
But I doubt the propriet}^ of encumbering this proviso of the 
Constitution with such a proviso as this. If the people have 
a right to compensation, wdiich I do not doubt thej^ do have, 
taken in either a legal or equitable light, this right would not 
be destroyed by refusing to adopt this proviso. No action 



MISSISSIPPI CO^\STriU ONAL CCNVENTIOX. 125 

of this CoDveiitioii, could either abolish such aright, audi 
think the proviso wholly unnecessary. And, while it will do 
no good, it will undoubtedly have a tendency to do great 
harm, by prejudicing our cause, and I am luiwilling to throw 
any impediment in the way of our speedy i-estoration to the 
Union, upon the best terms it is possi])le for us to obtain ; 
and this amendment would undoubtely have a tendency to 
impede the progress of our speedy restoration to our Consti- 
tutional relations to the Federal Government. 

Sir, the object in assembling this Convention, was to re- 
2]iodel oui* Constitution so as to make it conform to the new 
condition of things, and it is useless to attempt to evade this 
main question, by any subterfuge, wc ]ii::y see fit to resort 
to. We cannot hope to accomplisli our o'oject in an}'^ other 
way than by meeting the facts squarely, and adopting the 
measures Avhich are most likely to give us a civil form of 
Goveinment, to enable us to regulate our domestic affairs, and 
which will restore us back to the favor o.nd protection of the 
Genei'al Government. Sir, already there is a large party in 
the Noi'th and West, who are advocating negro suffrage, and 
the social and political equality of the negro with the white 
man of the South, and likewise all the leading journals of 
the North are Rtre'r-^-iT^b' f^dvocating this political doctrine. 
This party are also iir.An that the Government sliould hold 
the rebellious States under lailitaij^ control lor a series of 
3'ears, or invtil we are willing to confer the right of suffrage 
upon the negroes of the South, an.d allow them all other civil 
political immunities. But the President lias ado])ted a very 
different policy from this, towards the seceded States, l)ut 
whether he wdji be able to carry out his policy, (;r not, I am 
unable to determine. But I sincerel}^ hope he will, and think 
this Convention should do all in their power to uphold and 
strengthen the Administration, and to aid in turning this 
terrible tide of fanaticism which threatens to blot out the 
land-marks which have heretofore marked the distinction of 
the races. The present condition of this country is lament- 
able enough ; but, sir, if we are forced to this direful necessi- 
t}^, more, far more intolerable will be our condition. I have 
some very serious fears, sir, that this once delightful coun- 
try which has heretofore been so prosperous and desirable, 
w^ould in that event, no longer be a fit asylum for the white 
race. But, sir, I trust we may be able to avert this great 
calamity, and once more succeed in restoring civil Govern- 
ment in our State, and that jDeace and prosperity may again 
bless our people. 

Then let us accept the alternative ; acknowdedge that sla- 
very has been destroyed by the results of the war and the 
action of the United States Government, and shape our fuii- 



126 PROCEEDINGS AND DEBATES IN THE 

damental law so as to accord or conform with the Constitu- 
tion of the Union, as the best means of restoring civil gov- 
ernment and civil order in our State, and of securing to 
ourselves and our children the blessings of constitutional 
Jiberty and free government. 

Mit. SiMONTON, of Itawamba — Mr. President : I am opposed 
to the proviso for this reason: it can clo no good, and it may 
do harm. If our members to the National "Congress would 
be received under the substitute, they w^ouldbe received 
imder the report of the Committee. There is no doubt in 
my mind but that if the State of Mississippi, through her del- 
egates and representatives in this Convention, show by their 
action that the}^ are determined to mould or change the fun- 
damental law of the State to conform to the changed condi- 
tion of affairs — that the}' are not onl}' determined, but willing, 
to change the fundamental law of the State and pass such 
laws as will protect the freedman in his rights, and guaran- 
tee and protect other citizens of the State at the same time, 
we have friends enough left in the North to come forward 
and say to the fanatics. These people of the South have done 
all we can ask of them to do; it is nothing but just to receive 
their delegates. I lielieve our members of Congress will be 
received. 

I did not get up, Mr. President, to make a speech, but I 
deem it a dut}' to myself to show why I vote, as I shall, 
when the question is put. I believe there is no other means 
by which the State of Mississippi can be restored to her 
relations to the Federal Government, but by making the 
change in the fundamental law of the State which we now 
propose, and I believe it is necessary to do that without any 
proviso. By what right do we hold our seats ? Do we 
claim them because we are citizens of the great Common- 
wealth ? No, sir, the right is claimed because we have taken 
the ennuicipation oath prescribed hy the President's i^rocla- 
mation. That is the test of loyalty to the Federal Govern- 
ment. When we take that oath to relieve ourseh'cs from the 
crime under which we were suffering, what does the Federal 
Government charge us with? We have taken that oath and 
I, as a meml^er of this Convention, expect to carrj' it out in 
good faitli, as I am conscientiously bound to do. 

Before I took it, I looked around me and saw the condition 
of the State. In the lirst place I refused to take it, but I saw 
there was no other remedy. If the people of the State of 
Mississippi could have left and moved in a mass to a differ- 
ent country, I never would have taken this oath; but that is an 
impossibility. This people must remain here, at least the 
mass of them. This people must be governed by the laws 
or legislation that the State of Mississippi will pass, or they 



MISSISSIPPI CONSTITUTIONAL CONVENTION. 12T 

must be gOA'eriied by laws and officers appointed over them. 
That is the question. Shall we so change the fundamental 
law as to enable us and our children, in the future, to carry 
out our domestic affairs ? With this view I determined to 
take the oath and cany it out in good faith. I shall vote 
against the substitute, for 1 believe it falls short of the object 
it aims to accomplish. 

Mr. Marshall moved to adjourn until Monda}' morning, 9 
o'clock. 

Mr. Harrison moved to amend by striking out 9, and in- 
serting 8 o'clock. 

Tne motion of Mr. Marshall prevailing. 

The Con^'ention adjourned until Monday morning nine 
o'clock. 



SEVENTH DAY. 

Monday, August, 2 1st., 1865. 

The Convention met pursuant to adjournment. 

Prayer by the Eev. C. Chamberlain. 

Journal of Saturday read and approved. 

The President announced as the Committee on Enrolled 
Ordinances and Constitutional Amendments, under a reso- 
lution adopted on Saturday last, Messrs. Simonton, of Ita- 
wamba; Cooper, of Eankin; Mayson, of Marion; Barr, of 
Lafayette ; and Johnson, of Marshall. 

The following communication fi'om the Sergeant-at-Arms 
was read: 

Convention Hall, ] 
Jackson Miss., Aug., 17th, 1865. j" 
Mr. Peesident: 

Under the resolution this day adopted, instructing me to 
make arrangements wdth the Postmaster of this city, for 
the prej)ayment of mailable matter sent by members of the 
Convention, I have the honor to state that I had an interview 
with the Postmaster on the subject. He informs me that 
he vfill forward all printed matter, the postage for which 
can be afterwa-rds, settled, but that letters must be prepaid; 
in other words, must have a stamp uj^on them. The stamps 
cannot be purchased at present in this city. 

I am, Sir, Yerv Respectfullv. 

T. C. McMACKIN, 
Sergeant-at-Arms, Convention Miss 

Hon. J. S. Yerges, President of Convention. 

The Convention resumed the consideration of the spe- 



128 rROCEEDlNGS AXD DEFJATES IX TJIET 

cial order, to-wit: the substitute offered by Mr. Hudson, of 
Yazoo, for the second section of the Committee's report on 
State Constitution. 

Mr. Potter of Hinds — Mr. President : If I did not regard 
tlie proviso offered to the amendment, by my fiiend from 
Yazoo [Mr. Hudson,] as yery important, and well calculated 
to secure the end which gentlemen seek to obtain through 
the proposed amendment to the Constitution, I should not 
delaij the Convention by any attempt to secure its adoption. 

I think this proviso contains matter of real importance— 
that the policy it suggests is our true policy, if we desire to 
secure the early admission of our Senators and Representa- 
tives to their seats in Congress. I have listened v.'ith. atten- 
tion to the various objections urged against it, and, to nij 
apj)rehension, the}' are all founded on erroneous views; in 
error in regard to oiir condition as a people; error in regard 
to the Proclamation of President Lincoln; error in regard to 
the scope, purpose and effect 'of the amendment proposed 
by the committee of fifteen; and error in regard to the 
probable effect of that proviso. 

I seems to me, sir, there are grave errors existing in this 
bo in regard to our true condition as a people. We have 
heard it asserted that this people, as a State community — 
that Mississippi as a State has "forfeited all rights;" — that 
the State, a co-equal member of the Federal Union, has been 
"whipped," to use the common expression. The delegate 
from Marshall [Mr. Watson] insists that one of the two pro- 
positions must be true. 1st, If the the ordinance of seces- 
sion was valid then it took ihis Slate out of the Union, and 
we stand here to-da;f as foreigners and subjugated! 2nd, If 
that ordinance was void, then all stand here to-day as traitors, 
repsesenting constituencies of traitors. Such is the dilem- 
ma in Vvdiich that gentleman would place us. IS^ow, instead 
of attempting to persuade the former advocates of secession 
to ado2)t more correct views upon the subjecf, my 
friend rather urges them to adhere to their heresy, as 
I term and consider it. As it seems to me, it would have 
shown more grace, had that distinguished gentleman urged 
them to come up to the true Conslitutional platform; and to 
admit in their action here, freely and frankly, the error of 
tlieir former opinions. I think, sir, that all who have enter- 
tained those view^s heretofore, might assume the position of 
a distinguished citizen of this Sate — a gentleman as distin- 
guished for frank and manty candor as for gallantry in the 
field — who now holds and declares that "Mississippi has no 
such right, as the right of secession." 

I hoj)e, therefore, members in acting upon this subject, 
will disregard the suggestion of my friend, and refuse to 



3v[ississiPPi (.■oxSTrruTioxAL ^cx^'I■:xTI<)X. 129 

•consider tins people as a foreigu people, outside of tlie 
Union, and tliereiore, in military subjection to the United 
States. 

Founding liimseli upon tlie proposition tliat, as a people, 
we are either subjugated foreigners or domestic traitors, the 
gentleman gravely asks vvliether Ave as a people, can now 
come forward and assert, any rights. It seems to me, sir, 
that gentlemen, in coming to such conclusions, [overlook 
entirely the fundamental distinction that exists between 
communities and individuals — between Sta^^es in their organ- 
ized capacity, and the individual citizens of the State. I 
have seen it declared in a newspaper as the true doctrine, 
that a State of the Union might be guilty of "rebellion;'' and 
that when a State thus committed "treason," the whole pop- 
ulation of the State, — those of tender jea^vs, as well as gi'own 
up men — those incapable of reason and those competent to 
act for themselves, all become b}^ act of the State, traitors to 
the Government of the United States. In my opinion, this 
error and its consequences, may prove more pernicious to 
our people, than perhaps any other that can be adopted. It 
is the very position assumed against us by those who assert 
the power, as well as the duty, of ^ he Federal Government 
to control the right of suffrage in Mississippi. Their leading- 
proposition is, that Mississippi, as a State, has "forfeited all 
rights" — that having "no rights" she can claim nothing as a 
member of the Federal Union; and that so long as she remains 
in her present condition, the Government of ! he United States 
may rightfully deal with the cjuestion of suffrage, and per- 
haps all other questions. Such is the declaration of the 
Boston committee under the lead of Judge Parsons, put 
fortli in an address from Fanieul Hall. 

Such, I believe, is the fundamental proposition of all who 
assert the right of the Federal Government to control this 
question of suffrage against us, and to regulate it at pleas- 
ure, and even to reduce us to the condition of our former 
slaves, and make lliem sole voters in the S^ate. Nov/, sir, 
of all things, v/e should be exceeding circumspect lest we 
admit this proposition to be true. We should delay long 
and ponder, painfully, before we proclaim it as a truth. 
Why, sir, in so doing, we lay for them the very foundation 
on which alone they can rest their claims. Gentlemen talk 
of "giving aid and comfort" to those who seek to impose 
these conditions upon us. I have been told that the policy 
I propose would, if adopted, end in the imposition of black 
suffrage ujjon us, and that therefore, in effect, I was aiding 
to accomphsh that end. But, sir, if we proclaim to the 
world that we have "no rights" — that we, as a State and peo- 
ple, "have forfeited all," I ask how can we object against 



130 PKOCEEDINGS AND DEBATES IN THE 

the demands of the advocates for black suffrage, or in oppo- 
sition to any other scheme they may propose for our ruin? 

Mr. President, we have been told that we should do noth- 
ing to embarrass the Administration; nothing to discourage 
our friends at the North. I admit that we have friends 
there; many friends, and I thank God for it. I agree, too, 
that we should do nothing to embarrass or discourage them, 
and I urge the fact against this cloclrine which gentlemen 
assert. I say, sir, that the position of the gentleman is in 
direct opposition to the avowed Constitutional policy of the 
President, and of the conservative men who sustain him and 
propose to carr}^ out his policy for the re-organization of the 
State. Is this true? Is this the position of the President? 
Let us see whether he regards us, to use the language of the 
delegate from Marshall [Mr. Watson] as either foreigners or 
traitors subdued and conquered, and entitled to no rights 
Yv^hatever. I read, sir, from the Proclamation appointing 
Gov. Sharkey — -the first portion of which is in these words: 

"Whereas, the 4th section of the 4th article of the Consti • 
tution of the United States declares that the United States 
shall guarantee to every State in the Union a republican 
form of Government, and shall protect each of them from 
invasion and domestic violence;" and then follows a recital 
in these words: 

"Whereas, The rebellion which has been urged by a por- 
tion of the people of the United States against the constitu- 
ted authorities of the Government thereof, in the most vio- 
lent and revolting form, and whose organized and armed 
forces have been now almost entirely overcome, has in its 
revolutionary j^r ogress deprived the j^eople of Mississippi of 
civil government; and 

Whereas, It becomes necessary and proper to carry out 
and enforce the obligation of the United States to the people 
of Mississippi in securing them in that enjoyment of a Repub- 
lican form of Government." 

What, sir, does the President admit here? What does 
he declare, to us and to the world? "It becomes necessary 
and proper to carry out and enforce the obligations of the 
United States to the people of Mississippi, in securing to 
them the enjoyment of a Eepublican form of Government." 
There are "obligations" resting u])on the Government of the 
United States, to do something for these people; and those 
obligaitons arise out of the Constitution of the United 
States. The Government acknowledges its duty and de- 
clares our right. Bu^, notwithstanding this, gentlemen on 
this floor Vv^ould sink us to the degrded condition of a con- 
quered province, in the hope that by some act of theirs the 
State may emerge and be raised up perhaps, to the position 



MISSISSIPPI COXSTUT TIOXAL COXVEXTIOX. 131 

whicli the Federal Government permits lier now to occupy 
as a State in the Union. I am io be regarded as ''crochety," 
when I, in this hall, assert what the President and Goyern- 
ment of the United States declares ;o be non: the truth regar- 
ding the peox^le! 

The Proclamation proceeds : -Xow. therefore, in o])edience 
to the high and solemn duties imposed upon me by the Con- 
stitution of the United States . and for the purpose of enabling 
the loyal people of said State to organize a State goyernment 
ydiereby justice may be established, domestic tranquility re- 
stored, and lo3^al citizens protected." 

Why, sir, the President recognizes theffact that there are 
other persons here besides traitors ; that there are 'doyal 
citizens," 'here; he goes on to prescribe the mode by which the 
men of this "'State'" may increase and multiply: and to that 
end he prescribes the process of the amnesty oath. Those 
who are innocent of yolmitary participation in the vrar, and 
those Yvdio haye taken that oath, are regarded h\ the Goyern- 
ment as lo3'al citizens ; and we stand here to-day representing 
them. Wliy is it, then, that gentlemen persist to argue that 
this Conyention represents only -'foreigners or traitors'' en- 
titled to '-no rights;'' and that therefore it would be presump- 
tuous for this people to go l^efore the country upon the pro- 
position of the gentleman from Yazoo [Mr. Hudson] ? Is it 
en act of unparalelled impudence and hardihood to assert, as 
the President declares, that tliis people haye rights "? Will 
it offend him if we say : "This people, as a people, haye con- 
stitutional rights, and yon, Mr. President, are bound to 
regard them '?" 

in that Proclamation, the President asserted, further, the 
continued existence and binding force of the Constitution and 
Laws of Mississippi, as the}^ existed prior to the act of seces- 
sion. He ayowed the same doctrine in his public address to 
the Indiana delegation. When a delegation from South Car- 
olina visited Washington, some of the delegates said to the 
President : '-Sir, we have forfeited all. We have no rights." 
But the President replied: "It seems, gentlemen that I am a 
better states-rights man than many of you." Had he been in 
this hall, and heard language used b}^ delegates here, he 
might have employed, for our reproof, words of stronger 
emphasis than he addressed to that delegation. Why sir^ 
here is the President declaring we are a State under the con- 
stitution, entitled to J;he immediate admission of our members 
into Congress ; and that it is the duty of the Government to 
give us all the benefits of republican institutions, in full and 
free enjoyment ; and yet gentlemen who assume to be, i^er se, 
the supporters of the presidential policy, strive with all their 
powers of argument to knock from uuder his feet the Con- 



132 rKOCEEBixGS AND I)p:bates in the 

stitutioiial ])Uitrorm o3i wliich his policy re^sts I Why will 
not geiitlci'.ien ])erniit him Xo inaintain this position assumed 
for lis? Wliy not pcrinit Jiim, as far as ytossilue. to advance 
our cause ? Why (>j)j)ese liis houest en(.>rts to secure our 
CoDstitutional rio-jit-^. iiic[e>diuo- our represeutatioii in Con- 
gress V This, sir, is the puljlic policy of the President that I 
advocated on a. foi-mer day ; a.nd m;v conviction, that it is his 
policy, is as strong now as ])efoi'e I heard the argument of 
my friend from Mai shall [Mr. Watson.] It seems to me 
there should l^e nc? divei'sity or opinion as to the views of the 
President in regTrrd. to the rights of these States or as Com- 
munities. The Bureau order approved hy him, that I read 
the other day. as recited in the order of General Slocum, 
does not aifect this pul)lic position of the President. That 
order was doul)tless founded on erroneous ^levrs of right 
and policy in the treatment of negroes in our midst. The 
Presideut seems to thiidv they are not practically free, 
under the Prochuuation, it ]iot'on an equal footing wdtli the 
wdiite persous of om* country. This order certainly is incon- 
sistent with the right of the Sto" > t'^ '"■]ia<:;t and regulate for 
herself the laws of eiddence ; hut it <l(>e«^ iH)t further atfect Ms 
avowed doctrine iii regaj'd to the positi'''ii <,'f these iStates, 
and their right to Iiave their Senators and I\e]:)]'esentatives 
admitted uurestricted. into Congress. 

Mr. Presideist. it seems iu. harl ^aste to use language like 
that em])loyed hy m^- colleague, the other day. He said: 
*'Lefc slavery, coiujjeusatiou — everything (-Ise go. uutil we 
find that our childreu ha\-e a land to li^'c iu."" , Proclaim to 
the world your recidiness to '^-ive up ^■everything*' but the 
right to occu})y a liomestead inMississip|)i ! Proclaim your- 
selves iu a yielding mooch and where will demands upon yon 
cease? Ar'e _vou prcjjared to gran l fjTe suifrage : ])repared 
to accept imiversal equality y It i~. all covered by the lan- 
guage used l)y m_v colleagne ij! tijc del)ate on Saturday. 
Give up slavery— give u]) com])ensatio]i — give up everything 
else'! Why, sir, what is not included in those ^^ordsV I ask, 
is this house in the yielding mood, to give u]) "eveiytluDg?" 
Tso, gentlemen, no ! It is manifest to all. that there must be 
a time to pause— a time when this people must assert that 
they are a people, aud as such^luive rights. We are Ijound to 
take position on Constitr!ti(jnal ground, and call upon conser- 
vative men, e^'erywliere, to rally arouu.d us and mfuntain that 
position. In my judgment that time is /v,//', ivlien we should 
take that stand, asserting what the President asserts, for us, 
that as a State we have rights — that tlie G^Dvernment owes 
duties to us as a people. And I do nor ririuk we can ofiend 
any man, whose su^pport we can ever liopc tn luixo. 'oy a firm 
assertion of these fundamental truths. 



Again: J think titerc iwv errors in •■(.'oaj'd to tlio scope 
and effect of the enianci|)r<tioii proclanintion. We h.'n'c ]ieard 
;i £)freat (le:il sir, nhout the rtbolition of slaNCi'v here in the 
Sonth. It hr.s been nsserted, o^'er and o\-er aoaiii, tJiat 
shivery is dead here. lUit vrhile gentlemen are free to admit 
that slavery mt.s destro^T^d b}^ the act of the Government, 
they will not say so npon the record. M3- friend from Eankiii 
[Mr. Cooper] thought it necessary to explain why he wonld 
vote for the Constitutional amendment, although he vv-ould 
permit no explanation in the form of a preaml)le to it. He 
thought, perhaps, to place himself on record in another way, 
and show to his constituents that he so voted ]:»ecause slavery 
was dead alread}". Why not come to the point and declare 
to the world how it is you vote for this thing V Why not 
vote for preambles which assert what you declare to be true ? 

My friend from Hinds [Mr. Johnston] declared that slavery 
was not only dead, but dead and Idlled four times over ; — 
killed by the proclamation, by the acts of Congress, by the 
niight of the sword, by the opinion of the Christian world. 
He therefore considered it ver}^ dead. But sir, is it true that 
President Lincoln attempted to declare the institution of slave- 
ry abolished in the State of Mississippi in the sense in which 
gentlemen speak of it ? In other w^ords, did he attempt to 
overturn the fundamental law on which slavery rested in 
Mississippi ? Was he dealing with the institution, and the 
laws made in support of it ; or was he dealing with individ- 
ual slaves '? You might take out of the State every individ- 
ual held here as a slave on the first day of January 1863, 
remove them, carry them to Liberia, by every sort of laws 
and ordinances declare them free ; but in so doing you 
would not abolish slavery as an institution in Mississippi. 
What did the President do ? I give his words from his proc- 
lamation of the first of January, 1863 : — "I do order and 
declare that all persons held as slaves, within said States and 
part of States, are and henceforth shall be free." That proc- 
lamation excepts from its operation certain parishes in Lou- 
isiana, certain specified counties in Virginia, and the whole 
of Western Virginia. It does not include the State of Ken- 
tucky. Beyond question, slavery exists in Kentucky to-day, 
notwithstanding the x)roclamation ; I have a full legal right 
to go to Kentucky, bu}^ slaves there as property, and bring 
them here and hold them as slaves in Mississippi. Do gen- 
tlemen deny this as a legal proposition ? Do they claim that 
the President in declaring that j3er5o?i5 held as slaves, were 
free, overthrew our laws and the provisions of the Constitu- 
tion of the State ? No, sir ! There is a distinction, broad 
and palpable, between the act of freeing certain persons, and 
an act overthrowino: or annullina: the fundam-cntal law and 



134 PROCEEDINGS AND DEBATES IX THE 

policy of the State in wliicli those persons may happen at the 
time to be. 

I say then, that gentlemen are talking and acting here, mider 
a grave error, in regard to the scope and effect of that 
Proclamation ; and for that reason, are also acting under an 
error in regard to the scope, purpose and effect of this pro- 
posed amendment to tile Constitution. What, sir, is that 
amendment ? In times past, we heard much of the Wilmot 
Proviso ; and that thing vas denounced througlioutthe whole 
South. But, here to-day, we have, in this amendment, that 
ver}^ proviso. I say, sir, it goes beyond the proclamation : 
it proposes to abolish, utterlj^ and forever — to prohil)it forever 
hereafter, the holding of slaves, as property in Mississippi. — 
Under the proclamation, one might go to Kentucky, and 
purchase, bring here, and hold slaves as property. Under 
tiie proposed amendment, this would be impossible. I wish 
gentlemen, to consider the difference between these two things, 
when they come to A^ote upon the proviso, proposed by my 
friend from Yazoo, (Mr. Hudson.) 

Gentlemen have said tliis amendment is l)ut a repetition of 
the proclamation. But they are different things ; and if we 
propose this amendment, on certain conditions, to the people 
of the North, tlie\' must see that we offer them something real 
— something more than the mere repetition of the procla- 
mation. I hope, sir, that gentlemen will reflect on this view 
of the subject, and especially that those who regard them- 
selves as bound by the amnesty oath, to vote for the amend- 
ment, will pause and consider, in view of these things, if they 
are so bound. If I take a right xiew of that proclamation, 
it declared free only the persons, held as slaves, in certain 
parts of the South, on the first of January, 1SG3. If I take a 
right view of the amendment, it declares that slavery shall 
not exist here in any form ; that our citizens shall not bring 
slaA^es into the State, and hold them here. Gentlemen liold 
that we are sworn to do all this, when the amnesty oath, in 
this particular, only requires us to abide by and faithfully 
support the proclamation and acts of Congress, which declare 
the freedom of certain persons, and have no further relation 
to the policy of the State, in regard to slaverj^ My friend, 
from Lawrence, (Mr. Goode,) thinks the word ^-support," 
as used in the oath, imports very mnch; and therefore he 
feels bo mid not only to maintain the freedom of those per- 
sons, but also to support every sort of proposition intended 
to destroy the slave policy of the State. He even asserts 
that lie would he l)ound to support the proclamation and acts 
of Congress, although tlie Supreme Court of the United States 
should declare them void. . Let us see in what sort of predica- 
ment my friend would l)e, if called upon to renew the oath 



MISSISSIPPI CONSTITUTIONAL CONVENTION. 135 

after that Court had so decided. The first part of it binds 
him to support, protect and defend the Constitution and the 
Union of the States thereunder ; and then would come an ob- 
ligation something after this wise, "and in like manner, I sol- 
emnly swear to abide by and faithfully to support the pro- 
clamation and acts of Congress, for the emancipation of 
slaves ; although by the decision of the Supreme Court of 
the United States, an authority which I cannot gainsay, that 
proclamation and those acts have been declared to be in vio- 
lation of the Constitution of my country ! The thing stands 
apparent, as I urged the other da^-, that the controlling part 
of the oath is that which regards the Constitution and the 
Union. There is nothing in the oath to constrain him. All 
that he is bound to do, is to treat those as free, who were 
held, on the first of January, 1863, in certain localities, as 
slaves. 

What objection can be urged to the proviso offered by ni)^ 
friend from Yazoo, (Mr. Hudson?) We are told of certain 
promises to admit our members into Congress, if we adopt 
the proposed amendment, and my colleague, refering to those 
promises, spoke of the adoption of this amendment as a con- 
dition precedent. We all know that the advocates of this 
amendment are acting upon the idea, that if we adopt it, we 
may possibly secure the admission of our members into Con- 
gress. If there is one such advocate, who is not acting upon 
this hope, I desire to hear from him. Now, sir, what do 
these gentlemen understand the President to promise ? It is 
this, sir : "adopt an anti-slavery Constitution, and you may 
secure the admission of your members. Do this, and it may 
be well witli you as a people. You may enjoy the blessing of 
civil government, and a representation in Congress," Sucli 
are the terms assumed by gentleman, as having been proposed 
by the President. Now what does the gentleman from Y^azoo 
propose — how does he respond to this reported policy of the 
President? In effect, he says : "Mr. President you propose 
upon condition, that we do these things, to stand In^ us, to 
give ns the powerful aid of executive influence, and the aid of 
friends, to secure what we earnestly desire — the blessings of 
civil Government, and a representation in Congress. Now, 
sir, npon condition that you secure to us these things, we will 
do what you desire." And this is a pi-oper response to the 
re^Dorted offer of the President. It meets him upon his own 
ground. "But," say gentlemen, "this is dictatorial, and not 
becoming to foreigners and traitors." Why, sir, the 
President asserts these rights for us, and may we not deal 
with him, as parties entitled to enjoy them ? It is not dicta- 
tion. It cannot offend, but will encourage our friends, and 
uphold and strengthen the arm of the Executive. Upon the 



130 Pi;o(Ki;i)iX(;s .wd i)j:!).\ ri-;s ix ini^; 

proposition of till' j>\'iitk']iuui ironi Yazov), wc' say to those 
wbo (leiiunit] Lill. and ofi'oi" ootinn^' : -'We n-]-uit youi' wisl.i 
iLpoii coiiditioii that yor. riccord to j,is (Uir ilo'lit/' But if wo 
grant iiiicoiHlitioijally., wli.'it tliey demaiHl. v,v oii('Oiira.ge fur- 
ther ao-grossicju. My colloaoiie foars tliat if wo a<:k)])t this 
pi-oviso to tlio aiiiojuliiienl, tlie ]^resi<loiit will i-egnnl us as 
still ill the Itittciiiess of -i-obeliioii. .But, sij-, whi^n we adopt 
the amcMidiiiont. v,(^ will have adi<)})ted tiie Wihnot Proviso; 
and that deed wil] a]>id(\ aisd he to thi^ most suspieious, our 
coDeliisive proof of h)yalty — that tost will stand aivaiiist all 
cavils. As urged by the gejitleinan I'rom Yazoo, ])y adopting 
this proviso to the amendnieiU, we shall aid tlie l^resideiU. 
and east the i-esijousility upou those lawless men who dimy us 
our Constitutional j'ights. He ean then say to tliose Hadieals : 
'OIississip])i lias done all that ean he requirv-d of lier. Slie 
has ado[)ted the Vv^ihnot Proviso, subject to a fair and ]>roper 
condition. And jjow it I'emains for you to determine whether 
she shall take hvv j)laee a.s one, of the free States." By anex- 
ing the proviso to the amendment, we yjlace the Iladicals in a. 
political ])redicament. We otfer thein the AYibnot Proviso 
npon condition thattlu^y <lo us justice. I)ar(> tliey reject that 
pi-oviso, and meet their constituents V 

There is another matter to l)C considejxHJ in conneetiou 
with this- subject. Dvutng the last four yeaj-s, an unconstitu- 
tional test oath has been adopted- with a viev,- to exclude Con- 
gressional delegations from tliese States, and tliis presents 
another and stronger j'eas(ni why we should not ado])t this 
amendment, imconditionally, but should annex the proviso to 
it. If we adopt the amendment without the condition, those 
Eadicals will approve the deed, and send back our owii mem- 
bers until we yield u}) more ; and after th^ir exactions should all 
be granted, even to l)lack suffrage, they will still have m 
reserve that test vote for members to Congress. If then, gen- 
tlemen Avill adopt the Wilmot Proviso, slndl il not 1)e upon 
condition that this test oath be aniujUed, and our people ad- 
mitted freely to the benefits of ci^1l Government, and to a 
representation in Congress? Every consideration of policy 
looking to an early restoration of ci\il government, and to 
immediate re])resentation in Congress, every consideration 
of duty and honor that can influence us as a peoi^le, should 
constrain us to insist on this proposed condition to the 
amendment. 

I cannot perceive the slightest obje'Ction to the adoption of 
the proviso to the amendment. I therefore give it my hearty 
support. 

Mb. Martin, of Adams. — Mr. President : I am a member 
of the Committee that reported tliis ordinance. I took occa- 
sion to reflect what might ])e the result of the passage of the 



Missrssirn constitutioxal (:<):sVEXtiox. 16 i 

ordinance, and I came to the conclusion that t]ie proposition 
of the delegate from Yazoo might very well be engrafted on 
tlie amendment proposed, and so suggested to the chairman of 
the Committee. I am willing to vote for the ])ro])osition as 
it stands in the report of the Committee, without the i)roviso. 
I am willing to vote for it in that condition, if it shall 1)e 
found that such a pro'viso. or one similar to it, cannot be pass- 
ed by this Convention. I liave looked carefully to see whe- 
ther' an}' liope was held out to us Iw the appointment of a 
Provisional Governor, and by the partial restoration, as it was 
supposed, of law and order in' the appointment of certain 
county ofiicers in this State. I have looked anxiously to see 
whether we had sufticient assurance given us, that the State 
laws would have full tbrce and etfect. and that the rights of 
this State would be recognized. I have looked to see what 
course was pursued by the Federal Government in the States 
which never passed the ordinance of secession, towards the 
people of these States, as to those rights which are clear and 
unquestioned — not those doubtful rights about which there has 
been much controversy; and whether these rights were respect- 
ed by the Federal Government. I have looked to see whether 
these things we see around, us every day, remhidiug us that 
we are in a state of subjugation, would be removed, and that 
frtite^!"nn] fe'^Mn'^' mnivf^'^^o'^' tb"^ t-ct -^r-pTa in-^i to bcliovc mi'^lit 
be shown ; and I nad hoped that in forming a new Constitu- 
tion, or in amending the old one, we might feel safe in trust- 
ing, exclusively, to the guars.ntees of the Constitution of the 
United States, and that we might not ]je called upon_ to insist 
upon anything farther. 

I am sorry to say I have seen very much that has led me 
to distrust the future. I have seen very little to encourage 
me in the expectation that we would very speedily be restored 
to our rights as a State, or that very speedily, unless we look- 
ed well to it, we would be restored to our right of represen- 
tation in the Congress of the United States. You remember, 
Mr. President, that already a certain amendment has been 
proposed in the Congress of the United States, and long since 
agreed to by a large number of the States that compose the 
Federal UnioH^ ?/lid may be engrafted in the Constitution du- 
ring the nest session of Congress. 

One section of the amendment abolishes slavery through- 
out the Union. The second section confers extraordinarj^ 
power upon Congress. That section gives to Congress broad, 
alid almost, I may say, unlimited power, and at a time when 
throughout this country, constitutional restrictions are not 
regarded as they once were. I fear excessively, that there is 
hid away in that section, something wdiich may be destructive 
to the welfare of the South. I am not willing to trust to men 



1.38 TEOCEEDINGS AND DEBATES IN THE 

who know notliing of slaveiy, the power to frame a code for 
the freedmcn of the State of Mississippi. I am not willing to 
trust to these men, who have been educated from _youth up- 
Yv'ard ; taught in their scliools ; taught from the pulpit ; 
taught by their pul)lic speakers, and taught by their writers, 
that the white population of the South is a degraded race, as 
compared with our mor<3 favored brethren, who live in a 
Northern climate ; who have been taught, also, that slaver}' is 
odious ; that the master is not restrained by feeliugs of hu- 
manity — that it is only interest that guides him in his con- 
duct towards the slave ; who by exciting books, periodicals 
and speeches, have been led to look upon us as a race of mon- 
sters, and b}^ whom the negro, in his ignorance and vice, is 
•esteemed a being far superior to what we know him to be, 

They have painted the good qualities of the negro as our 
novelists have painted those of the Indian. Our imaginative 
writers have so depicted the Indian, that in future years, how 
much of the truth will be known of the true character of the 
Indian ? He has been described as brave, and generous, and 
noble, and so in an equal degree has the character and capac- 
ity of the negro been exalted. 

Now, I sa}^ I am not willing to trust to men so educated, 
and so taught — exasperated as they are now, on account of 
the resistance that has been made to the Federal authority in 
these Southern States — hating us and our institutions, our 
customs and manners, and disregarding our rights, I am not 
Avilling, I say, to trust to the fanatics of the North to frame 
for us a code that is to . govern the freedmen of the State of 
Mississippi, which may, or ma}^ not, render residence in this 
State, to the white man, impossible. 

It would be but fair to presume that if left to them to per- 
fect this code, and direct us how we shall act in our conduct 
toward this people, and how the freedmen shall act in his con- 
duct towards ns — thus fixing the political status of the freed- 
men — they will put them upon an equality with ns, giving to 
them the right to vote and take control of the State from us, 
and give it into the hands of fanatics and ignorant freedmen. 
The time may possibly come when this will be the result of 
leaving the condition of the freedmen to be decided by legis- 
lation in Congress, in the absence of representation from the 
Southern States. The time may come when it will be no lon- 
ger a question with ns whether we cau remain here ; it may 
be a question with us what conntrj^ , what asylum we can find, 
where we may be once more secure in our lives and liberties. 
Inasmuch as there is a possibility that at the next session of 
Congress an amendment to the Constitution may l)e engrafted 
on that instrument securing to Congress the Inroad power giv- 
en by the second section, and the whole question of the man- 



MISSISSIPPI CONSinUT.ONAL CONVINTiOF. 139 

;i4;emtnt of the freedmen in this State, and their relations to 
tbc white men of the State may be legislated npon Tfithout 
our being heard, I propose, sir, to vote for this proviso — not 
by way of a threat. I do not threaten others, and am not dis- 
posed to submit to threats myself. I put it there simply as a 
proviso. I propose to say, '-we are willing, having fought for 
this great institution, and been conquered, t^o amend the Con- 
stitution in such a way as shall be of most service to the 
country. Believing, as we did, that the proper place of the 
negro was in slavery, we have fought for that institution. We 
have been overcome by those who now have it in their power 
to legislate upon questions which belong more properly, I be- 
lieve, to the several States. A\^e are perfectly willing to give 
up this institution of slavery. The result of the war has been 
such that the slave cannot properly be held in that capacity, 
but we leave you the right of fixing the moment when every 
-ilave in Mississippi shall be emancipated. We present you a 
free Constitution, and onl}' ask what we are entitled to. We 
:+sk to be heard — to have a da}' in court, that our representa- 
tives shall be there when you undertake to legislate on the 
sxtbject of the freedmen in the State of Mississippi, if you im- 
<lertakc to do it at all. It is a question that aliect« us so vi- 
tally, that all that we possess is involved in the decision. 

It has been contended, I believe, imtil recently, b^f a large 
majority of the people of the North, that the act of secession 
of the Stat€ of Mississippi, is utterly null and void — that there 
is no Constitutional right of secession. I believed that my- 
self, and opposed the act until the war began. I believe so 
yet ; I think yet there is no such thing as this constitutional 
I'ight. The case was well argued by the delegate from Yazoo. 
it we have not b<?en out of the Union and have come back 
-jfjid pledged ourselves by an oath of allegiance, what reason 
is thv^re fwr kre.-iug us out r.f th^ Cr.n:{re-^T r,-f U:e X^:nled 
Stat.e-s, when eveiy delay is a mattor of vital importance, and 
the condition of affairs growing worse and worse. We are 
much more directly interested in the question thaii tiiose in 
the North, who are disposed to take the settlement of the 
question out of our hands. It is nothing but just that we 
?5!ioiiid \ye heArd — have some advocate on the floor of Con- 
gress ; and if this proviso is adopted, at all events, we may be 
beard. I can conceive of no reasonable opposition to the 
passage of the ordinance with the proviso. We leave it op- 
tional with the Congress of the United States at once to get 
lid of every doubtful question touching the emancipation of 
the slaves by accepting our delegates. Upon that body will 
rest the blame, if evil shall arise out of the failure to allow us 
w>4at we claim to )>e our just rights. We attempted to break 
\rp the Union, and failed. Whatever may have been thought 
10 



140 riioi KKi)iN(;s and i)Ki;.VTi-;s in tuk 

of the rigiit to secede, we at ali eveiit^-; did not maintain it, 
and -^e are still in the Union. ' 

I shall vote for the proviso, and iiope in so doing there 
may be something approaching- unanimity. You must re- 
member that we stand first among the States called upon to 
reconstruct. The other States will not hold their Conven^ 
tions for weeks to come ; an example will be set by Mississip- 
pi, and she will play an important part in the course pursued 
by the other States. If in solid })halanx a large body of in- 
telligent men go to Congress Irom these States, and present 
their claim to the right of representation, with free Constitu- 
tions, I believe to those who have never yielded to extreme 
lanaticism, the moderate Republicans of the North, our claim 
will present itself in such sliape, and commend itself so 
strongly, that our representatives, as a ])ody, will ])e received 
in Congress. 

I may ])e mistaken, vet I wouid take every means in my 
power to secure represeutation there, and with the large num- 
ber of delegates that we would send to Congress, united with 
the Conservatives and moderate men there, we may still hope 
that something may ])e done to relieve us of the doubt in. 
w«iiich we are novv living — from the apprehensions wduch 
make life anything but pleasant to us, and we may go to 
work once more and restore our State to the position she once 
occupied, as a peaceful, law-abiding State. We may, how- 
ever, without passing this proviso, yield— 3-ield all-in vain. 
We may deprive ourseh^es of the opportunity of standing 
shoulder to shoulder with those Representatives in Congress 
from the North who believe that this countr^^ was made for 
the white man — who believe that it was intended tliat the 
Caucasian should be the dominant I'ace. We nuiy combine 
with them, and probably be able to restore the reign of re,s- 
j)ect for the Constitution and the laws. Wo may. ])e able to 
stop the tide of lanaticism, and there may be a reunion, if we- 
all act as I think w^e ought; and v/e inay again l)ecome a pros- 
perous State, in a prosperous Union. 

Mr. Yerger, of Hinds, said : 

Mr. President : I dislike to tresspass upon the time ot the 
Convention ; but the course of this del)ate has been of such a 
character as to render it proper in me to place before the 
Convention and the j^eople whom I represent, the reasons 
which induce me to support the proposition originally intro 
duced by the committee, and to vote against the substitute 
offered by the gentleman from Y^'azoo, [Mr. Hudson.] The sub- 
stitute is, in my judgment, more obnoxious (and though 
seemingly plausible, ) will be more fatal, if adopted, to the 
great object for which tliis Convention has been called, than 
any of those which have heretofore been acted upon and re- 



Mrssissippi (j(j2s'sTrn:Ti()XAL (■(;:N\';::sTiox. 141 

jected. The course of argument of tliose wiio advocate this 
substitute, strikes me witli astonishment. They seem actu- 
?iliy to ignore the events of the past five years — to ignore the 
present condition of the people and of the State ; and iii some 
dreamj^, abstract revery, to indulge in visions and fancies of 
Constitutional law and Constitutional Government, which they 
think ought to prevail, but which men of practical common- 
sense, viewing facts — stubborn facts, as they are — well know- 
are not attainable at this time by the people of this country. 
I purpose to briefly recall the events of the past four years— 
t;0 present to the consideration of the Convention our actual 
condition, and leave it to determine for itself the proper 
course to adopt. 

Five years ago we were blessed witii as much prosperity as 
the Almighty ever granted to any people on. the globe. We 
had a Constitution wlilcli guartaiteed to all eqnal civil and pc- 
liticai rights ; we had material prosperity such as had seldom 
before been reached by the most favored nations ; l)ut there 
was one cause of discord and disquiet, which cast a gloom 
over the future. It had for years proved a source of discon- 
tent and agitation, and to a great extent of apprehension and 
alarm to the whole people of this country. Soon after the 
formation of the Government, two parties were oi-ganized in 
reference to sla^'eiy, and its a])olition. TJiose [parties had 
from day to nay ^\•AgQd war upon each other in the iialis of 
Congress, and upon the hustings, until in Xovem])er, hSCJO, it 
was transferred from the forum to the camp, and produced 
results that liave astonished the civilized world : w!iiU' :it the 
same time it has entailed upon us the most fatal niiil juinoii's 
consequences. 

Mr. Lincoln was elected in jKovember, ISGO, and the ])eoplC' 
of the Southern States, A\itb a great degree of unirnimity, 
came to the conclusi/jn that his election imperilled, if it was 
not actually subversive of the institution of slavery. 

Acting upon a preconceived idea, the Senators of South 
Carolina, within two or three days from that election, with- 
drew from Congress. 

The Governors of the several extreme Southern States 
convened the Legislatures of these States in extraordinary- 
session, for the purpose of advice and council, and of adopt- 
ing such ineasures as they might deem necessary to protect 
the people of their States from the evil consequences it was 
supposed would follow. Mississippi assembled her Conven- 
tion in this capital, on the 7th day of January, 1861, and on 
the 9th day of that month, an act styled "An Ordinance to 
dissolve the Union between the State of Mississippi and other 
States united with her under the compact entitled, The Con- 
stitution of the United States of America," was passed and 



142 PROCEEDINGS AND DEBATES IX THE 

ordained, and Mississippi declared lierself thereafter a free, 
sovereign, and independent State. Our members of Con- 
gress and Senators, were ordered to withdraw, and did with- 
draw from the Congress of the United vStates. 

Simihu- acts and a similar course took place in nearly all 
of the Southern States, and in a A'ery short period, after the 
election, there was left in Congress but a small minority to 
battle against the Republican party in adopting any meas- 
lu'es they might see fit to take against the institution of 
.slavery and the rights of the Southern States. 

In the month of December, 1860, before the delegates from 
Louisiana had withdrawn, a proposition was introduced and 
passed in the House of Representatives, guaranteeing perpet- 
ually the rights of the States in the institution of slavery, and 
protecting them thenceforward from any action or interfer- 
ence on the part of the General Government. This proposed 
amendment to the Constitution came before the Senate, and 
but for the withdrawid of the Southern Senators, would then 
liavc passed. Jn my humble judgment, but for the extraor- 
dinary disposition wliich then and still seems to exist in the 
brciists of some gentlemen to protect what they are pleased 
to call the dignity of the South and the manhocKl of the 
Southern people, at the expense of the peace and practical 
wt'll-bcing of the St-.ate, an amendment to the C^onstitution 
would have been adopted, which would have secured forever 
the institution of slavery, until each State of its own free will, 
•saw fit to abolish it. But our people, under the excitement 
v,hich existed, and in the madness of the hour, disregarded 
;viid rejected the jjroposed amendment. The Senators from 
the Southern States had nearly all withdrawn or refused to 
vote, and the amendment thus proposed was lost. A few 
jBOjiths passed, and, seven of the Southern States met to- 
<i-elli.e]' ill Con^-ention, and adopted what is known as a "Pro- 
YJf^IoTiai Cojjstitntiou lor the Confederate Statt^s of America." 
'I'rowp. .* iv or^iii^i/,ed, ;:/ii;.:^ ^eid prepaiod, and places in 
pos.scssiou of the United States were seized and held, and 
every Avhere in these States the otficers of the Government 
of the United States, of every grade, were ousted from their 
places, and those places lOled by persons holding under the 
Conrstitution of the Confederate States of America. Mr. 
Lincoln, on the 1th of March, was inaugurated as President 
of the Ignited States. In his inaugural address, he proclaim- 
ed that he did not intend to interfere witli the institution of 
slavery in the States, and urged the people to return to their 
illegiance to the Federal Government. But exercising what 
hey believed to be a right belonging to them, and which they 
iipposed necessary under the circumstances, for their safety, 
ue ;peoi)le disregarded this counsel, remained and continude 



IMliSIiSIi^PI COXSTITUTIOXAL CONVENTION. 143 

v,s they wei'c, severed and withdrawn from their allegiance, 
tind placed themselves in hostile array against the authority 
and Government of the Union. After a few more months 
had passed, the att'ack on Fort Sumter was made ; and this 
was immediately followed by a proclamation of the President 
of the United States, declaring that an insurrection had taken 
place, which it was necessary to suppress by arms. Follow- 
ing that, a civil war of mao-nitude, which has astonished the 
world, in which ])oth sections of this country arrayed them- 
selves in full panoply, with all the power they possessed, 
raged for nearly five 3'ears. After two years of this war had 
passed, with varied success, in the month of September, 1862, 
Mr. Lincoln again jiublished a ])roclam.ation, in which he an- 
nounced to the people of the Southern States if they would 
lay down their arms, return to their allegiance, and submit to 
file laws, they would be received, with their rights in slavery 
untouched, but if they persisted in reljellion, and refused to 
accept the proposition to return, he would, on the 1st day of. 
January, 1863, declare all the slaves held in the States which 
he would then designate as in insurrection, to be free. This 
proclamation of warning was disregarded by the Southern 
people. They had assumed an attitude before the world as 
an independent nation, (which, attitude they intended to 
maintain by force of arms.) Tliey defied the proclamation, 
disregarded the warning, and continued the war. On the 1st 
of Janumy, 1863, the emancipation proclamation was issued, 
la which the Pn^sident declared that by virtue of the war- 
making power, and for the purpose of putting down the insur- 
rection, all slaves in the possession of parties in the States in. 
rebellion, (in which number the State of Mississippi was in- 
cluded,) were then, thenceforward and forever, free. The 
shock of arms continued — two more years of desolating war 
passed by — the armies of the Southern people, hy 'oattle, by 
sickness, by desertion, and by other causes over which the}^ 
bad no control, were almost destroyed. The armies of the 
United States penetrated into tlie interior of every State ; 
they invaded and took possession of the States of Mississip- 
pi, of Louisiana, of Georgia, of South Carolina, and of Ala- 
bama; everywhere the armies of tha Federal Government 
were triumphant; the flag of the Union was carried forward, 
and the banners of the Confederate States was ■ lowered be- 
fore it. Things were in this attitude when the assault was 
made upon Petersburg by Genernl Grant. At that time Gen- 
eral Lee, the bravest, most cautious, i:)rudent and slcillful 
commander that tlie Southern States liad produced, was en- 
trenched within the walls of Petersburg and Richmond, with 
a handful of men, not exceeding 30,000 in all. Opposed to 
liim vfcre the misclitv hosts under Gen. Grant, of from 150,- 



144 PKO('Ef:i)JN(;S AND PEBATF8 IN THE 

000 to 175,000 men. A lew dayn of contest ensued, and the 
brave and gallant, but weak band under Lee, was oblii:i,'ed to 
yield, and did yield, as prisoners of war, to the United 
States. 

The ibrmics of the United States took possession of the 
State of Virginia, from which they had been held by the op- 
posing array of Gen. Lee. About the same time, General 
Johnston, wdth an army not exceeding 25,000, encountered 
the hosts under Sherman, 75,000 to 100,000 strong ; and un- 
able to resist this force, the gallant and sagacious Johnston, 
pronouncing it to be murder to continue the struggle any 
longer, proposed an armistice, in which could be settled the 
terms of a general peace. That armistice was agreed upon, 
and a Convention made between the parties. 7lmong other 
articles, was a stipulation leaving in abeyance the questions 
arising imder the emancipation proclamations, until they 
could be decided by the Supreme Court of the United States. 
"When that Convention, thus agreed upon, was presented to 
the Government of the United States, it was rejected in scorn 
— rejected in such a manner as to cast an imputation for the 
time upon the integrity of the commander r/ho had negotia- 
ted it on the part of the United States. Among the princi- 
pal reasons given for the rejection, was tbat it contained a 
clause which to some extent intimated a recognition of th&^ 
existence of slavery, and left, as a future cause of contest 
and discussion, that question before the courts, v^hich the 
Government insisted had been settled by the war. The chief 
cause of its re;iection, was the clause to have adjudicated, (as 
my colleague proposes,) by the Supreme Court of the United 
States, th'3 question of the legality and constitutionality of 
the President's proclamations. 

A few weeks after the surrender of Johnston, the army of 
the Mississippi, under the commarid of General Taylor, some 
15,000 or 20,000 men, yielded to about five times the number 
imder Gen. Canby. The arms of the United States were 
every wliere trium]')b.ant ; no armed force any where this side 
of the Mississippi river, was tlien opposed to them, and un- 
resisted ; the Government of the United States enforced the 
proclu.nuLtiono and the laws of Congress declaring the slaves 
free. Does any sane man suppose that, after such a war; af- 
ter an expenditure of three thousand millions of dollars, and 
a sacrifice of nearly 500,000 men, the United States v/ill re- 
cede from a position, deliberately taken before the world, 
and iigain put in issue the very question which produced the 
war ? Immediately after the surrender of Gen. Taylor, the 
Legislature of Mississippi was assembled upon the call of the 
(governor, and among other things, passed an act calling a 
Convention to take into consideration the proper manner of 



MTSSr'iSIPFI CONSTrmiO.VAL CCXVEKTIOX. 145 

restoring the relations which fonnerly existed Ijetween the 
State and the United States. • It also pro'vided for the appoint- 
inent of Commissioners to Washington for the purpose of 
conferring with the President touching the existing relations 
between them. At the very time ^lississippi was attempting 
to act through a Legislature, elected after the ordinance of 
secession, an order passed over the wires from Washington, 
directing Gen. Canby to disperse the Legislature, and if ai^ 
resistance was made, to arrest and imprison the members 
who might resist. But before the order was received, the 
Legislature had adjourned. On the next day, Gov. Clarke 
was notified that the President of the United States did not 
recognize the organization of the State government made 
since 1861 ; that he did not recognize the validity of any offi- 
cial acts, nor the rightful authority of any party pretending 
to hold and exercise an office under such pretended govern- 
ment ; and a demand was made upon him to surrender the 
public archives and property of every kind belonging to the 
State. That surrender took place in this Capital, in the pres- 
ence of a number of gentlemen, and was made to the armies 
of the United States, and Mississippi was left without an 
Executive — v/ithout a Judiciary — without civil government of 
any kind — governed alone by martial law, entirely prostrate 
and powerless, if mlling to resist. Before this surrender, 
Gov. Clarke had appointed commissioners to proceed to 
Washington to confer with the President. After the surren- 
der, and on the notification that all official acts of the author- 
ities of the State would be disregarded, the Governor wrote a 
private letter requesting the gentlemen he had appointed^ to 
proceed to Washington, and if not received in an official ca- 
pacity, as he supposed they would not be, to represent, as 
citizens of the State of Mississippi, having the confidence of 
the Executive and Legislature, as it existed before the sur- 
render, the condition of the people ; their wants and require- 
ments ; and to urge upon the President the adoption of such 
measures as might restore civil order, and give peace, har- 
mony and repose to our distracted country. In connection 
with the present distinguished Provisional Governor of this 
State, I had the honor to be appointed one of those commis- 
sioners. We proceeded to Washington, notified the Presi- 
dent of our arrival, and the purpose for which we were there, 
and solicited an intervievf. It was readily given. The next 
day was appointed for our audience, and we met the Presi- 
dent. We were met by him, I may state to this Convention, 
Avith great cordiality. We were met kindly ; we were met in 
that spirit of kindness and courtesy which we felt and be- 
lieved the Executive of the United States, notwithstanding 
the four years of war which had passed, entertained and Mt 



140 l'R(X-Ei:i)IXGS AND J>El)ATi:.S IN THK 

towards the people of the Soutliern States. We iepres<iiited 
to him the condition of our country — that civil law had bec^o 
abolished — that anarchy reigued throu<i^hout our laud — that 
inartial law, administered hy Provo.^t Marslials, tlu'oughoiiit 
the country was dominant — that our people were worn out — 
that oui' land had been desolated, and our homc^s destroyed, 
and many of our people in actual destitution — that our civil 
rights were gone — and we asi^ed that such steps might be tf.- 
ken as would again restore us to our original relations witi;\ 
the Federal Geveniment — as would give peace and repose U> 
om' people, and restore the reign of civil law. The Presi- 
dent desired to know l:)y Avhat sclieme we proposed to obtaixi 
these blessings. It w^as suggested to him if we were allowed 
to designate the plan, we would prefer that the Conventioi!.i 
which the Legislature had called to assemble in the month of 
June, might be })ermitted to assem])le and proceed to the re- 
organization of the State, and to restore the relations whicli 
exist-ed between it and the Federal Govennnent. Upon this 
suggestion being made, the President remarked tiuit that mat- 
ter had been fully considered and linally decided, and undci' 
no circumstances could the Executive of the Govennnent of 
the United States recognize, in any way^ or for any purpose,, 
the acts or the ofticers of tlie States during the period they 
were in rebellion to the United States. He then desired to 
know if we had read his ]n'oclamation in reference to the 
Stat-e of North Carolina, and the proposition wliich he there 
made for restoring civil government and constitutional law 
in that State. We had done so; we anticipated that a propo- 
sition of that kind would bQ tendered to our. peo])le, and we 
informed him that we had read and considered it, and that 
next to the course proposed by our own Legislature, we be- 
lieved it would be more acceptable to the people than any 
other scheme that could be devised. We assured hiin, as I 
believed then, and as I l^elieve tlie fact is now, that our pec - 
pie were desirous of being speedily restored to their consti- 
tutional rights under the government, aud that in good faitl 
they acquiesced in the result produced by the shock of armr> 
— that in good faith the}' intended to abide by and support, 
the Constitution and laws of the United States, and in the 
future conduct themselves as loyal citizens. The President 
then stated there was one thing which the Southern people 
must understand : that they must accept the condition of 
things produced by the war — ^that they must look upon and 
consider the institution of slavery as ended forever — that this 
would be a shie qua non in the establishment of civil goverr - 
ment. He then said : ''In the proposed Convention to alt«. 
and change the Constitution, so as to restore your State to its 
relations with the Federal Government, tijere oiig-ht to be in- 



>[[SSISSIPPI COXSTITCTIOXAL coN\-j:>riiox, 147 

corporated an amendment abolisliing- the institution of slave- 
ry." There was no order — there was no dictation, that wc 
should do this, but there was a distinct admojiition that un- 
less it was so done, so far as the Executive war^ concerned, 
he would not consent to the restoration of our members in 
Congress, and that we could not obtain the strength of the 
administration in support of our restoration; ancl we well 
laiew that without the strength of that right arm, we would 
be totaliy powerless to resist the overwlielming tide of radi- 
cal fanaticism which at that time was clamoring, not for the 
abolition of slavery, but for universal sulfrage and the social 
equality of the negro. At a subsequent period, the Presi- 
ident of the United States, in conference with the deleg•ate.-^ 
from South Carolina, used this language, which I beg to pre- 
sent for the consideration of this Convention : 

•'Slavery is gone as an institution ; the people of South Caro- 
lina could not be admitted hito the Senate, or House of Rep- 
resentatives until they have afforded evidence ])y their conduct 
of this truth. They must have a Convention, and amend the 
Constitution, by abolishing slavery, and this must be done Ir. 
good faith."' Similar announcements seein to liave beei. 
made to every delegation, and every Provisional Governor, h. 
the proclamations they have issued — have annoimced, distinctly 
r*iid emphatically, the fact, that slavery, as an institution, lias 
been ended ; that slavery as an institution, cannot exist 
within these States ; that the Conventions, which would as- 
semble for the purpose of amending the Constitution, must 
incorporate, within them, a clause to that eifect. if they desired 
restoration to their original rights under the Constitution of 
the United States. It has thus been proclaimed b>' the Gov- 
ernors' of the States of Aia])ama, Georgia, Texas, South Caro- 
lina and North Carolina. Now, what does all this mean? It 
is suggested by my colleague, that the President has no fixed 
policy on the subject, or does not si>eak plainly and 
distinctly, what that policy is. Surely, such an idea, under such- 
circumstances, cannot be entertained for an instant, l)y any man 
who will look the facts in the face, and not shut his eyes to 
the light of the sun. If it be not the fixed purpose of the 
President, to insist u]3on a change in our Constitution and 
laws, recognizuig existing facts, and declaring that slavery 
shall not hereafter exist, why assemble a Conveiition at 
all? Unless such was his purpose — instead of a Convention, 
to alter or amend the Constitution, it would ha\'e been far 
more simple and ea.sy — to have ordered the Provisional Gov- 
ernor, forthwith to hold an election, under the Constitutioi;;, 
as it existed, before secession — to fill all the oliices of the 
State under that Constitution, and to elect delegutes to Congress 
by the laws, as thev then stood. Whv did h.o not take that 



14S PRO(KI-:i)TN(;> AMJ DTJJATKB IX TfTF, 

course. It would luivo been an easier, simpler, quieter and 
speedier way of o])tainin2: admission into Congress, and the 
restoration of the State authorities, unless there was some- 
thing, vWiichinthe opinion of the President, rendered impera 
tive,- and demanded on his part, tlie adoption of the present, 
plan V If it was not intended by him that we should alter and 
amend the Constitution, so as to secure freedom — not to 
the white man — for he has always had it; but freedom 
for the black, he would have provided for the restoration of 
the State Government, by directing that the Provisional 
Governor should issue writs of election, and organize the 
State, under the old Constitution, without delay. But the 
President did not take that course — he could not take it 
— if he had desired to do so. He was powerless to take 
it. Everywhere — from the time I reached Cairo, until 
my return — and I made it my business, to ascertain as tar as 
I could, public sentiment on that question— and found a fixed, 
universal, and without an exception, the mind of every man, 
determined upon one thing : that the abolition of slaveiy had 
been settled by the result of the war — in the language of the 
President, "it had been rubbed out by the friction of war." — 
There v/ere no two parties on that question — there was not a 
single utterance, adverse to that view ; but I did find, Mr. 
President, that there were two parties at the North, parties 
organized, not. in reference to the institution of slavery, but 
in reference the position which the Southern States should 
have under the Government of the United States, and in 
reference to the peace which the negro should hold under the 
Constitution and laws. Upon this question, two parties were 
iirrayed, and were preparing for the struggle, which is now 
imminent. Upon one side, the Chief Justice of the United 
States — supported by all the ultra Iladicais — though I do not 
believe anything like a majority of the people — but strong in 
numbers — powerlul in intellect-— and vigorous in prosecuting 
^very plan which their fanaticism, or their opinions of right 
and Constitutional law suggest to their fertile and scheming 
brains. That party insists that the Southern people, having 
withdrawn from the Government of the United States, by an 
act of secession — ^which although unconstitutional and void as 
to the Government, have estopped themselves, from insisting 
upon a return to the Government as States, except upon such 
terms as may be accorded to them by the parties who have 
triumphed in this contest. They insist, that for a period of 
time, indefinite in its length, the Southern States shall be kep.t 
in territorial organization — that they shall remain under mar- 
tial law — that they shall remain under the control of the Fed- 
■eral Government and Federal bayonets, until the scheme of 
universal suffrage, which those gentlemen have sprung upon 



ihc coimtry, shall luivi- ripened into j)erfection : then having 
thus carriedinto eficct the sclienie, they will permits ConTen- 
tion in tiie St-ates, to be asseniljled — an orgJ-nizatioii of State 
.'luthority take place, and a return as States into the Union; 
bnt not as President Johnson proposes we shall now retiu'n ; 
but with members of Congress, composed of white and black 
delegates, with equal suffrage — with equal civil rights — with 
equal political rights — with equal social standing on the part 
of the negro. That is their platform, and their fixed deter- 
mination is — if thejy' have power, to carry it into effect. On 
the other hand, the President, lias taken ground in behalf of 
the rights of the people, not only of the South, but of all of 
the States, on this question. In the proclamation organizing- 
this Convention, he has distinctly announced what are the 
views which he entertains on this vital subject. 

He says that, this Convention, when convened, or the Legis- 
lature that may hereafter assemble, will prescribe the qualifi- 
cations of electors, and the eligibility of pei-sons, who hold 
office under the Constitution and laws of the State — a power 
the people of the several States, composing the Federal Union 
have rightfull}^ exercised from the orgin of the Government 
to the present time." There is the States Eights doctrine of 
the President — there is the proposition he has made to us — 
and it is under that proposition and for the purpose of carry- 
ing it into effect, we are here assembled — to amend our Con- 
stitution, in such a manner as will evince that we accept the 
policy of the Government, on the question of slavery — but at 
the same time, we may, for ourselves, determine who shall be 
electors, and their qualifications, and who shall be eligible to 
hold ofiices in this State, and under the Federal Government, 
Standing b}^ and supporting the President, in this view, is a 
large Conservative party at the North, composed both of 
Democrats and Republicans. This party is sustriined by the 
principal leaders of the armies of the United States. Gen. 
Sherman has distinctly announced, that he sustains the Presi- 
dent ; Gen. Blair has made the same announcement ; and Gen. 
Logan, probably the only civilian who has taken high rank as 
a commander in the army, has announced the same. Gen. 
Cox, nominated by the Republicans for C4overnor of Ohio, 
has declared himself in favor of the same policy. Everywhere 
on that proposition, we have friends, that may be counted by 
hundreds, and by thousands, and I firmly believe there is a 
a large majorit^^, sustaining the President, in the views and 
policy v/hich he has inaugvu*ated. But we have, no friends — 
we have no partizan — we have no individual, who can raise 
hjs voice, or will raise his voice in our favor, unless we yield 
^p the inevitable result which the last four years has produced 



150 PKori:Ki)iX(;^ and dicdatks ix Tin-: 

— unless we accord with the President, and oi\'e him s)-mpathy, 
support and assistance, in the policy which he has shaped cyt 
for the Government, and restoration of the Southern States. 

But gentlemen shut their cnx^s to the actual facts. I listened 
Tfith astonishment — I might almost say, with amazement, to 
the remarks of my worthy and intelligent eoHeague, (Mr. Pot- 
ter,) this morning, on the question before the Convention. 
Really, if I had not known the circum.stauces under which we 
jire assembled, I v»"ould have forgotten that we had passed 
through four years of war; would have forgotten that we bad 
been compelled to yield, after a contest of a gigantic characte-r. 
every position, which Ave had taken, and that we were not now 
— as the fact is — under the absolute military control of the 
Government of the United States. It is not worth while to 
disguise this fact. It stares us in the face wherever we go, 
and is palpable to the vision of every man ; we see it, we fc^;l 
it — we cannot close our eyes if we would, to the positive, un- 
questioned, and thouri-h it ma}'' be, unpalatal)le, still over- 
whelming fact, that we are uiider the control of the Govern- 
ment of the United States. But, says the gentleman : ''slaver}' 
has not been abolished practically, and tlie President know:- 
that, wiien he calls upon us for a change in our Constitution/' 

Mi:. PoTTr.R. — I said shivery liad not been aboli^lied l)y tl-e 
Proclamation." 

Mil. Ykrgee. — Well ^'slavery has not been abolished by tie 
proclamation." — though that was not the expression used. — -. 
But has it not been abolished by the proclamation or some- 
thing else '? Does it now, in fact, exist here V When we en- 
tered this Capitol, for the jjurpose of carr^'ing on this discu.s- 
i^ion, we entered the gates, before which armed sentinels werr- 
pacing their daily march ; and unless the President of the United 
States, had accorded to us tlie privilege of entering, we could 
not have done so. Where; have we civil courts and civil laws, 
throughout the length and breadth of this State ? Where is 
the right of trial by jury V Where the writ of habeas corpus ? 
In the organization of the Freedmen's liureau, to which the 
gentlemen has referred, it has been declared that in any coii: 
troversy which takes place l^etween the negro and the white 
man, so long as by the laws of the State, the testimony of the 
negro is not admitted, that contro\e2'sv shall l)e determined — 
not by the laws of the State of Mississi];pi — not by the civil ■ 
law of the land — nor by trial by jury — !)Ut })>• a military com- 
roission, prov^eeding a(:cordii]g to militnry law, if a criminal case, 
and hy theoillcers ut' the l:'rtrodiii(^n"s bureau, a question of civil 
right. A few weeks ago, a ciUzeii ui the State of Mississippe 
was arrested in Washington eoiinty, and brought to Yick;-;- 
burg, charged with invijiu' killed a negro. Judge Sharkey, 
Provisional Governor i/i' the State, j<sue<l a writ of liabea;^ 



MISSISSIPPI CONSTITUTIONAL ('OXY]L:S"nOX. 151 

corpus, against the officer liaviiDg him in charge. The officer 
refused to surrender him ; he did more — he arrested the Judge 
who issued the writ, for doing so. An appeal was made to 
the President of the United States, and the response was that 
the Government of the State at present, is provisional only ; that 
the arms of the United States cannot be Avithdrawn — military 
Iftwcouid not cease, until the State of Mississippi established a 
form of Government, restoring her to the Federal Union, in a 
manner approved by Congress. 

In the month of Septembei, 1862, the President of the United 
States proclaimed that an insurrection existed — that it existed 
in the State of Mississippi, and he declared martial law through- 
out the length and breadth of the United States ; and that all 
persons engaged in aiding, maintaining or cni-rying on that 
rebellion, should be tried by military tribunals. That procla- 
mation of martial law^ has never been revoked ; the declaration 
that the States were in insurrection, has never yet l)een recalled ; 
•Hid so far as the political power of the Government of the 
United States is concerned, they hold that the" States are 
-till in insurrection. They are so treated — and held ; not only 
in theory, but held practically as' States in insurrection. It is 
trne, the armies of the Southern States were overcome — ^the 
capacity of the Southern States, to resist was crushed — so far 
as physical ]X)wcr and resistance were concerned : but it is 
a)so true, that the proclamation, that they were in insurrection, 
h&s never yet (>een recalled. It is true we have not yet beeai 
restored to our former relations to the Federal Government., 
audit is also true, that we will not be restored, until, in the 
language of President Johnson to the South Carolina delega- 
tion, "we have given e\idence. by incorporating in our Con- 
stitution, an amendment, abolishing the institution r,f slaverj, 
and which amendment we must make in good faith."' Why has 
the President so declared V ISnt that he needed oiir agency 
in al^Dlishing the institution of slavery. That institution ha--^. 
been destroyed^ — whether by the President's proclamation, by 
tin® friction of war, or in consequence of the acts of the South- 
era peopk — it is needless and unnecessary to inquire. It has 
been destroyed. 

The gentlemen say that the slaves which ai*e in tlte State of 
Mississippi, have been set free — that as to them, slavery ha»s 
been abolished — but that we have a right to go to Kentucky, 
and buy, and bring' slaves into the State of Mississippi!, and 
hold them here as slaves. It is precisely because the President 
of the United States believed those opinions were entertained 
by many of the Southern people, j^erhaps by the majority of 
the Southern people — because he feared there was no cordial 
ac<|tiiescence in the result w^hich had been produced by arms 
—because he apprehended there would be a demand further to 



152 I'ROCKKPIXC^ AXn ]) BATIKS !X THE 

disciLss an ila^itate the ([iie.stioii of shivoj-v — l-eeausi' lie be- 
lieved the National. ConiK-ils would ])e hereafter vexed on tliis 
question, iiotwithstandmo-the result of the war — that he said • 
Eefore I can consent to withdravy- tiie ])roelarnation of insui'- 
rection — helbre T can consent tb.at you shall !)e restored to 
your former relatioiis. with the Federal G<j\'(M-n)uent, yon shall 
place in your oi-o-unie law. evidence that in .i>-ood fiiith, yon 
accept and iuUMKl to a.'oide Ivy and maintain the result which 
yon are powerless- to resist — a result brou^:iht a])Oiit, ag-ainst 
your vv'ill it is true, but which yon-all admit as a fact, lias been 
produced. TJie President has been assailed and deiioiniced by 
the Radicals, because he has accorded to us. the ]n'ivileg-c of 
a,ssembiing here, and amending the CVmstitntion, with :i view 
to the i-estoration of civil Government, and the re-admission 
of our members intf) Congress. I'hey contend that the i)eople 
of the South are not in good faitii acipiiiescing — that they do 
not in good faith, intend to gi^'e np thv^ institution of slavery ; 
and that if he withdraws from -theui the arniies of tlie United 
States, and releases theni from the dominion of martial law, 
and the control of tlie Federal Government, they will attempt 
to re-establish tlic institution of slavery, and insist upon its 
maintenance. It is exactly such a.rguments as h:\\c l)een 
made here by some gentlemen, that give countenance, !)lansi- 
bility and color to tiie objection urged against our re-oi'ganiza- 
tion on the plan of the President. 

It is exactly such arguments a.s my colleague has urged. 
that parah'^ze and strike down, the arm of the Executive, which 
in friendly clemency, has been held out to the people of the 
State, with the cordial wish and desire to withdraw them from 
the terrible state of destitution and misery in which they have 
been placed. Why fold our arms, and shnt our eyes, and 
ignore facts, and contend, for Constitutional rigiits and Con- 
stitutional guarantees, that we liave no moi^e ])Owe]' to grasp^ 
than we have to grasp the rays of tiie moon ? V\'']iy do this^ 
knowing at the time we do it, we paralyze and weaken the 
only power, tliat can aid us in the struggle we have yet to 
maintain. Why do this, knowing that we i)lace an argument 
in the month, and a weapon in the hands of those who wish 
not only to strike down the institution of slavery ; Init to strike 
clown the social and political superiority of the whites ? The 
gentleman does not deny the slaves are free — he cannot shut 
his eyes to the palpable fact ; but I take it, there still lingers 
in his mind, and the minds of those who coincide with him, the 
idea, that perhaps in the chapter of accidents which may yet 
intervene ; there may be found some scheme, or mode, ov 
chance, by which the dead institution may be galvanized into 
a few years of feeble, flickering existence ; and this idea which 
still haunts their minds, lias induced them to put forth schemes 



MISSISSIPPI COXSTITUTIOXAL CONVENTION. 153 

inpracticabie in their nature, and calculated only to do mis-i 
chief ; and which must, if carried into efitect, keep this State 
as it now is, in insurrection against the Government of • the 
United States — keep this State as it now is, nnder the domin- 
ion and control of the Federal bayonet, in the hands of the 
negro — keep tliis State, as it now is, deprived of tiie writ of 
habeas corpus — keep this State, as it now is, deprivefl ol the 
-trial by jury, in all controversies between the white man and 
the negro, with our people, subject to military tribunals, pro- 
ceeding by different forms, and on different 'principles, than 
they have been accustomed to in the past. 

If the institution of skiver}^ is ended practically, wlij' not 
so declare it V Is tliere any want of dignity in making the 
declara^tion when the fact exists ? Is there any want of man- 
hood in yielding to an inevitable necessity, which we have no 
power to resist? When Gen. Lee surrendered the army that 
had confronted the forces of tlie United States for four years, 
and yielded it at last as prisoners of war, think von there was 
any v/ant of manhood in acknowledging the fact that lie had 
been overcome by force — that he yielded to arms and to un- 
controlable power, which had prostrated him and his soldiers? 
Gentlemen who are so tender of the dignity of the State ; ten- 
der of the manhood of the State, have walked up cpiietly for 
the purpose of protecting either their persons or property, 
and have taken the anniesty oath prescribed by the President 
of the United States, .which oath requires that they shall not 
only uphold and maintahi the Constitution of the United 
States, but uphold and defend the proclamations of the Presi- 
dent of the United States relative to the abolition of slavery, 
They have taken tliat oath, at the same time declaring that 
they believe those proclamations and the oath to uphold them, 
to be unconstitutional. I conceive that tliere is as little dig- 
nity and manhood in taking an oath to support a proclama- 
tion which is ])elieved to be unconstitutional, and which is ta- 
ken to protect our person and property, as there can possibly 
be ill endeavoring to shape the course of the government and 
legislation in this country in a direction that would tend to re- 
lieve our people from some of the ills which unwise counsels 
and untoward fate have brought upon them. In reference to 
this question of insurrection, and our position under it, I will 
read a General Order which was made on the 25th of July, at 
Washington, and issued at Vicksburg on the 15th of this 
month. Certain citizens of Mississippi had committed al- 
leged acts of violence against negroes, and were arrested by 
the Federal military authorities. They claimed the privilege 
of being tried by the laws of the State, and it was referred to 
Washington to determine what should be done. The order 
reads as follows : 



154 PROCEEI'IXC.S A^T) DEBATES JX THE 

Geni-kal Orders, j HEADQUARTERS 

No. 18. I" DEPARTMENT OF MISSISSIPPI, 

) Vicksburr/, Miss., Auff. 15, 1865. 

The following eiidorseinent on a commnnicatioii, regarding 
jurisdiction of jMilitary Courts in certain cases, whiob wa>3 
addressed to the Assistant Judge Advocate Genera], and bj 
him referred to the Judge Advocate General of the Armj, 
and which is approved \)\ the Secretary of War, i>< published 
for the information of nil concerned : 

WAR DEPARTMICNT. 

HUPKAF OF MILIT.SP.V .lUSTICE, 

July 2hth, 1865. 

Respectfully returned to Colonel \A'. 31. Dunn, Assistant 
Judge Advocate General. 

The trials by Military Commission of the within named cit- 
izens of Mississippi, (Cooper, Downing, and Samiders,) 
charged with capital and other gross assaults upon colored 
soldiers of our army, (and in one instance of similar treat- 
ment of a colored female,) should be at once proceeded with; 
and all like cases of crime in that locality should be prompt- 
ly and vigorously prosecuted. That the President ha<5 ac- 
corded a provisional goA'crnment to the State of Mississippi, 
IS a fact which should not be allowed to abridge or injudi- 
ciously affect the jurisdiction heretofore properly assumed bj 
milit^iry courts in that region during the war. And especial- 
ly is the continued exercise of that jurisdiction called for, in 
cases — 1st, of wrong or injury done by citizens to soldiers, 
(whether white or black;) and, 2-d, of assault or abuse of col- 
<^rf"l citizens generally; where, indeed, the local tribimals aro 
frither unwilling (by reason of the defec^tive machinery, or 
l>ocaa*e of somo Statt3 law declaring colored persons ificom- 
pet-eut as witnesses,) to do full justice, or properly puTiishthc 
offenders. 

The State of ^Mississippi, in common with other insurgent 
States, is still iu the occupation of our forces, and — embra 
ced as it is in a military department — is still to a very con- 
siderable extent, under the control of the military authorities. 
Moreover, the rebellion, though physic-ally crushed, has not 
been officially announced or treated either directly or indirect- 
ly, as a thing of the past : the suspension of the habeas cor- 
pus has not been terminated, nor has military law ceased to 
be enforced, in proper cases, through the agency of military 
courts and militarv' commanders, in all parts of the countrj. 

It is to be added that the charges against the within named 
parties have been examined, and found to be generally sub- 
stantially correct in form. A few changes only in the allega- 



MISSISSIPPI CONSTITUTIONAL CONVENTION. 155 

tions have been voted as proper to be made before these 
charges are served upon the accnsed. 

[Signed] A. A. H08MEE, 

Major and Judge Advocate, 
(in the absence of the Judge Advocate General.) 
Approved : 

[Signed] E. M. STANTON, 

Secretary of War. 

July 27th, 1865. 

By Order of Major General Slocu^i : 

J. WARREN MILLER, 
Assistant Adjutant General. 

It will thus be seen, Mr. President, that although we are 
liere assembled for the purpose of reorganizing our State 
government, with a view of restoration to our position as 
members of the government of the L^nited States, we are still 
looked upon and treated as States in insurrection, and with 
military law over us, and that condition of things is as cer- 
itain to remain and continue as w^e continue and remain deter- 
3nined to refuse the proposition made to us by the President, 
so to change and alter our organic law as to accord with ex- 
isting facts. But, say gentlemen, we admit that the procla- 
mation of the President declaring the emancipation of slaves 
■as a war measure, was constitutional, and the delegate from 
Yazoo, (Mr. Hudson,) remarked that as to the slaves actual- 
ly captured after this proclamation, they were actually and 
legally free ; but as to the slaves not captured, they were not 
free. If the first proposition is true that the emancipation 
proclamation as a war measure is valid, that the slaves cap- 
tured became free, then I tell him that they are all free, for 
all have been captured by the arms of the United States. 
When General Lee, General Johnston, and General Ta^dor, 
surrendered ; when Kirby Smith surrendered, the armies of 
the United States took absolute possession of the insurrec- 
tionary States, and now hold that possession, with no force to 
oppose them. Though they may not have taken the actual, 
they have obtained potential possession of all the slaves ; 
though they may not have tangible possession, they have ca- 
pacity and power to take them whenever they please. If, 
therefore, the proposition be true that the slaves were eman- 
"cipated when captured, all are emancipated, because all are 
in the actual or potential possession of the government. But 
as I remarked before, the question whether the}^ were set free 
by the proclamation, whether emancipated by capture, or set 
free by the result of war, as the President of the United 
States has said, need not be discussed ; because all admit that 
they are free in fact. Can you institute an action of replevin 
for the recovery of your slave ? Let any gentleman under- 
11 



156 I'RO( EEI)lXr.> AXI) DKHATKS IX TH K 

take it who wish to try conelusioiis of ])ower with tiie I'liited 
States, ('ail yon maiutain a writ of /tabca.s corpus for the re- 
turn of youi- slave r Make tlie attempt, and see liow futile it 
"would be. Have you any eoutrol or dominion over youi- 
slaves, exeept as is aecorded to you l)y free eontraet, eithei' 
expressed or imijlied under the laws of tiie United States r 
Do they not ijo where they ])lease untrainnielled and unfetter- 
ed ? Do tliey not, if they desire it. take an ap])eal to the mil- 
itary tribunals of the I'^nited States foi- i-edress a£>'ain.st their 
former mastei' or owner, if he assaults, strikes or maltreats 
them V Have you any power to resist this V Have they not 
every right of person in this State vrhieh belonas to any eiti- 
zen of this eountryr Xxk} they not free to _ii-o, and free to 
eomeV Have yon dominion oi- eontrol over them V If so, 
liow will you assert it y T know of but one way in whieh it 
can be assertetl. If you possess tin* ])hysieal powei' and tlie 
will, you may reeai)ture and. restore the dominion you onec 
had; but unless gentlemen are ready and willing to try the 
conclusion of arms again — unless they say to the people of 
this State: '•^\'e ai-e rea<lv to })laee oui'selves at the head of 
e.rmed bands in this State, and do battle in ])ehalf of the in- 
stitution of slavei-y" — unless they are pre])ared for this alter- 
native to-day, they counsel unwisely when they do not comi- 
selr.cquiosccnee and submission to a force tf.ey liave no pow- 
er and are unwilling to resist. No good can i)e obtained l)y 
the further agitation of this question. What the people want 
is quiet and re[)Ose ; what they need, is the re-establishment of 
a practical and just system of labor — -just both to the white 
man and the Idack — which will insiu'c to cai)ital a fair ]-emu- 
muneration, and to labor a just I'cward. They want peace 
and quiet : they want such an organization of the State gov- 
ernment as will enable them to control the labor which is still 
in the countr}'. and In' wise and prudent counsels ; by honest- 
ly and lYurly stealing with the government of the United 
States, and with the negro, they can ol)tain this dii-ection and 
control. 

Mr. President, although the institution of slavery has ])een 
abolished, although as a system giving tlie right to control pro- 
perty in man, it has ceased to exist, the labor is still here iq)on 
our soil, and ])y just legislation and fair dealing, may be so 
directed as to enal)le the people of the South to regain a 
great degree of their former prosperity. Although this war 
has produced manv and great evils, and in my humble judg- 
ment, the abolition of slavery, and particidarly its abolition 
so suddenly, has worked great injury and brought unnecessa- 
ry suffering upon our country, yet to a reflecting and right 
thinking mind, the state of things is not without some com- 
pensation. The results of the last foui" yeai's have demon- 



Z'.ris.^issirPi coxsTrTCTioxAL coxventiox. 1o7 

srratecl IjeyoiKl all question, tiiat iu a military point of view, 
and as a political institution, slavery is a source of positive 
T7eakness. When tlie Southern States were invaded l)y an 
r.rmy proclaiming- freedom to the slaves, tliat army o])taiiied 
not merely negative, but positive power, witli which to eu- 
force th.e declaration and conduct the war. It has thus been 
fihown that the institution was a source of weakness to the 
State, and placed the country, wlien invaded, in a great de- 
gree, at the mei'cy of the invader. This fact was recognized 
by the CJongress of the C*onfederate States, which at the last 
session were prepared to declare, and })ro])ably did pass laws 
declaring- the emancipation of slaves upon condition of ser- 
vice in the army. What did this say to tiie civilized world? 
That this institution, to whicii we have heretofore clung so 
tenaciously, has failed in tlie hoin" of trial. It was also a de- 
claration that in the opinion of the Confederate Congress, 
there were some things ^)etter tlian slavery : that in the opin- 
ion of that Congress, tlie independence of the Southern 
States was l)etter. So. too, I think, there are things better 
than the institution of slavery; tliough. as a slave-holder in 
the past, and liaving invested in it the earnings of twenty- 
eight years of toil. I would have done all I could to uphold 
and maintain it when attacked. Still there are somethings of 
far greater value : civil liberty is betto)- tliau th.e institution, of 
slavery: politicrd lioerty i-^ betier : the right of ti'ial by j'.ny 4 
the vv"rit of //ooms corpus; tlie political suiu'cniacy of the 
Yfhite man over the negro: all these are l)etter thtni tht' iiisti- 
tution of slavery. There are many thiiigs v,hie!! A^•t- eouhl 
not sacrifice for it : and yet. these thhigs. deai' to ^dl of us. 
important as they are in tlieir character, and esx-ntial to (un- 
peace and prosperity, gentlemen who u])hold an<l sustain this 
substitute, and the ditlerent amendments made to the pr<jpo- 
sltion introduced l)y tlie Committee, are ready to yield — not 
for the institution of slavery, because they say that is gone. 
dead, a thing of the past, and cannot be revived — but they are 
ready and willing to give them all up : to jeopardize them all : 
in the ignis fatuus pursuit of a chimerical right under the Con- 
stitution of the United States, to test the validity of the Pres- 
ident's Proclamation, and the laws Congress passed abolish- 
ing the institution of slavery in accordance with it. Are 
these men practical ? Do they present practical issues, by 
whose success the people can hope to live hereafter in peace 
and prosperity, occupying their former position as mend.)ers 
of the Federal Government ? Certainly such things are not 
believed by ^\\y one who looks at facts as they are — who does 
not shut himself up in what ought to be and forget Avhat ac- 
tually is. 

But again : As I said before, thouoh slaverv is oone. tlie 



158 PROCEEDINCVS AND DEBATES IN THE 

licgTo is here, ^vitli liis capacity fur labor unimpaired. W'is6 
legislation may organize that labor; wise legislation can or- 
ganize that labor, and organize it upon a basis fair and just 
to the white man and tlie negro. The white man owns the land, 
the negro owns the lal3or; sucii an organization inay be made as 
will compensate the negro for his labor, and yield to the wliito 
man a proper return for the use of the land. The State thus 
organized will not probably, as a State, be in a worse finan- 
cial condition than before. In the year 1859 the State of 
Mississippi, by slave labor, produced 1,300,000 bales of cot- 
ton, Avhicli brought in the market 845,000,000. I know that 
under any S3"steni of labor we will hereafter organize for 
many years such product cannot be returned. But as a di- 
minution of the product will increase the value of the arti- 
cle produced, the amount of money bi'ought into the country 
will be as great. Where we heretofore received ten cents per 
pound for cotton, we may receive 20, 30, or 40 cents, and 
tjiiis be remunerated in price what we lose in product. 

It' the State of Mississippi raised only 300,000 bales, we 
could realize to-day $60,000,000 — one third more than for 
the large crop of 1851). 

There is another point of ^'iew at which this .subject msy 
be looked, which to some extent may modify tlie opinion of 
absolute ruin in which we are too prone to indulge. By the 
organization of slave labor, the largest jjossible product of 
cotton was always made; and as a consequence of over-produc- 
tion the price was depressed in the markets of tlie world ; 
ixnd thus the poor man who raised cotton with his own hands, 
icould only realize for the products of his la]:>or, the depressed 
price caused by a glut in the markets — the consequence of 
over production. But when the quantity is reduced, a differ- 
ent result follows. The man who produces cotton by his 
own labor, olitains an increased price, according to the di- 
minished product. As we see is the case at this time,^ the 
ijoor man who has raised 1)y his own hands, four bales of cot- 
ton in the vear, instead of getting only ten cents per pound, 
as formerly, can realize to-dav 35 or 40 cents ; and thus the 
yearly value of his toil, instead of .'$150 to s>200, reaches 
8850 to SIOOO, nearly five times as much. Here, then, is 
some compensation; for while the wliole amount of money 
brouo-ht into the State in consequence of the increased price 
will not be diminished by the lessened production, the indus- 
trious poor man who raises cotton Ijy his own hands will find 
in the increased price an increased reward for his toil and la- 
bor. , ^ , 

But again : while we held negroes m slavery, we were not 
])ermitte'cl representation on the floor of Congress for more 
than three-fifths ; now we get the representation of the re- 



MISSISSIPPI CONSTITUTIONAL CCNVEJSTTION. 159 

maining two -fifths, and our political consideration and capac- 
ity is increased by that amount ; and on the present ratio of 
representation, will he increased by fifteen to twentj^ addi- 
tional members. Thus it will be seen, that there is no evil 
so great but it has some compensating advantage. Although 
the destruction of this social institution at this time, so sud- 
denly and rudely, has worked great hardship upon many indi- 
viduals, and resulted in. great pecuniary destitution, now that 
the loss has been sustained and cannot be helped, let us not 
sit down and repine over the inevitable past wJiich we cannot 
control, but look in hope to the future, and to those things 
which may in some degree give compensation for what we 
ha.ve lost. As men of sense, let us endeavor to remedy what 
we cannot alter, and gather together whatever may tend to 
palliate our misfortunes. Of all the indu.strial systems, that 
of slave labor was prolmbly the most costly. The man who 
owned land in this country, could not cultivate it unless he 
owned or actually bought for life the the labor which was ne- 
cessary for the purpose of cultivation. If he wished to cul- 
tivate one hundred acres of land, he had to buy the labor ne- 
cessary to do it, at a cost of -^1090 to 81500 for each laborer. 
The interest upon this money w^as never less than ten to 
twelve per cent; erpial to an annual hire of 8150 per year. 
Besides, he had to feed and clotlie, employ the x:)hysician, and 
lose th.e time in sickness : and if the slave died, he lost in ac- 
tual capital the value of the slave. He was in fact an insurer 
of the life and health of the slave. Now, every man who has 
ii hundred acres of land to cultivate, can go into the market 
for labor, and for an annual hire can cultivate his land with- 
out insuring the life or health of the laborer. He simplj' pays 
for the use of the labor during the year; and thus, by a small 
annual outlay, the land is cultivated, and the surplus over 
that sum he puts into his pocket. Instead of using it as cap- 
ital to buy hands, it is at his disposal to hivest in railroads, 
internal improvements, insurance ofhces, banks, <!s^c. 

It is precisely tliis which has enabled the Nortii to make 
such progress in these things. They do not l)uy their labor 
in fee, but simply pay an annual hire for it. We purchased 
it; put our capital into labor, and had no money for any other 
purpose. Looking at it in this way, there is some compensa- 
tion in these things for wliat we have lost. But while I thus 
look at the compensating facts in our condition, I never would 
have been willing, if it could have been avoided, to see so 
great an interference with our social relations as has taken 
place. For one, so far as the unfortunate negro is concerned, 
I believe his situation was Inciter in the past than it v.-ill be in 
the future. It protected him in sickness, sheltered liim in 
his old ao'e, and o-ave hiin a protector always iutei-osted in 



1<30 TKOCEKDINCiS AND I)J:HATES r.X TJiK 

seeing that lie was fed and clothed and sheltered. Tlieic- 
Ibre, to him it was unquestionably an institution that ouglit 
not to have Ijeeii rudely In'oken. If done at all. it should 
liave been gradual, that l)oth he and his owner might hayo 
been prepared for it. But it has beeii done, and there is no 
alternative. .Vnd being done, it is the part ot wisdom to ac- 
cept without repining at'the inevitaljle destiny, and so to 
manage the labor system Jiereafter as to i)roduee the best re- 
turn possi])le for the land owner, and to give the best securi- 
ty possible to the laborer for the protection of his ])ersoii 
and a fair rcAvard for his labor. 

The events of the past four years ha\-e demonstrated th^^'J 
slavery, as an institution, v^iis generally of a character be- 
nignant to the negro, and not calculated to create the fiena- 
ish passions whicli malignant fanaticism represented, in hifi 
f)reast against his master ; on the contrary, it cultivated the 
kindly sentiments of humanity and affection foi' tlie liousc- 
hold and liearth of the man who'sheltered and ])rotcctedhim. 
All over the country, wlierever the armies of the United 
States have ])enetrated; when the men of the South w^ere on 
the field of battle; when the sons and fathers were withdrawn 
from home, oui- people I'elied confidently on the lo}'alty and 
fidelity and kindness of theii- slaves. History does not show 
in any wars wdiich have taken place for what is termed "the 
freedom of nnmkiud," a people who, while accepting the free- 
dom offered to them, have remained more true and loyal to 
their masters than our slaves have been to us. 

Is is a tribute, just to them — it is a. tribute. Just to us. be- 
cause it has proved, what w^e heretofore declared to the civil- 
ized world — that although our system of lal")or was called 
slavery — it was an institution, which cultivated kindly affec- 
tions between the master and slave ; and which — wdiile on the 
one part, it exacted obedience ; at the same time, upcm the 
other — demanded and gave protection. 

It has demonstrated to the w^orld, that though there may 
have been wrongn perpetrated under it, as there have been 
Avrougs ])erpetrated ujider eveiy industrial regulation, which 
imperfect man has made ; yet, in its moral and social influences, 
it tended to cultivate kind feelings on the* part of the white 
)nan and the slave. 

It has sliown that the charges made against our people of 
unkindness and inhumanity w^ere not founded in justice, and 
had no basis in truth. 

I think at this time, there can be in the minds of the Con- 
vention no doubt, as to the policy we should adopt. If we go 
to Washington with the substitute offered by the gentleman 
from. Yazoo, and announce that we have declared the institu- 
tion of slaverv abolished, on the conditions contained in thab 



MISSISSIPPI CON.^TITUTioXAL COXVENTIOX. 101 

siibstitutGN we will cej-taiiily he toM. ••you assert that slavery 
is still an existino- leiral institution, in your State — you thus 
sliow that you do not ae([uiese in the result of the war — bet 
intend to wait, and see if you eannot obtain some op})ortunity, 
by which that may be restored jn-aeticaily. which yon say is 
not legally and constitutionally destroyed." The gentleman 
from Marshall, it seems to me lias put the question, in a 
shape, hat is logically irresistible to the mind of any man. — 
The Government of the United States has not l^egged ns to 
come back, and be restored as co-eqnal members of the Gov- 
ernment. They are not soliciting our return : in fact there is 
a large party who do not wdsh it at this time, and will if possi- 
l)le, prevent it — do what we may. But from the proposition 
of the gentleman from Yazoo, it would seem that the GoveriL- 
inent is a suppliant for our return — and not we asking to be 
restored to our ancient political position. 

If this substitute is adopted — a hue and cry will be imme- 
diately raised by the whole Northern press, that the Sonthern 
States are attempting to dictate tlie tenns of their restoratio>ii 
to Congress — that the proud Sonthern people, who, for foiiir 
years carried on a war at the cost of many millions of money 
and hundreds of thousands lives, are not 3'et subdned, bnt 
come with the language and air of conquerors, to dictate 
terms and conditions to the (Government, whose protection 
they forfeited, and which they still def^'. As a matter of 
conrse there will be found no one having the hardihood to 
sustain ns in this course. 

The President cannot do it, for he has noAv to stand up 
against a clamor that is threatening to o^'erwhelm him. The 
conservative })eople of the Xorth cannot do it: they have as 
much as they can do to withstand the tide of fanaticism, 
which is seeking to overwhelm us hy giving social erpiality 
and sutfrage to the negro. 

In what way, then, are Ave to be benefitted In' this substi- 
tute V Jf, with the amendment to the C*onstitution proposed 
l)y the Committee, we are not admitted to representation in 
Congress, it is positively certain we will not he if this substV- 
tute is adopted. Supj)ose admission is refused, when our 
mem])ers present the Constitution as amended by the Com 
mittee, w^e will at least have done all we can do for the resto- 
]'ation of ])eace and civil order : we will have shown to the 
conservative people of the North that we seek a restoration 
of the fraternal relations which ^vere severed by the war, and 
we will thus make friends v.dio will come to our relief; 
the rejection of our memlKu\s will be followed by an immedi- 
ate reaction, that will force the party in power to grant ns 
those rights under the Constitution to which we are entitled. 
But if we ijresent the wulvstitute and are rejected, as we most 



162 PEOCEEDINGS AND DEBATES IN THE 

assuredly will be, our friends will be powerless to aid a de- 
feated people who, it w^iil ])e said, still defy the Government, 
and undertake to dictate the terms of restoration to political 
rights they have forfeited b}^ rebellion. This sul)stitiite is, in 
fact, an attempt to dictate to Congress, and if adopted, will 
betray a want of wisdom, which no people so situated, ha^e 
ever before exhibited. We are at this time, utterly powerless. 
We meet here to-day, by the clemency of the President. Mar- 
tial law exists, and is in enforced throughout the State. Kc> 
civil courts are open — the right of trial ]:)y jury does not exist 
— the writ of habeas corpus is suspended — our former slaves 
are practically free — and so fVir from l)eing under the control 
of their former masters — are hardly subject to the control of 
the law; and yet, with these facts staring ns in the face, gen- 
tlemen talk of the dignity of the State — and introduce propo- 
sitions — dictating terms to the Government, which we resisted 
four years with arms — and so defving it, give color to the 
clamor raised against the President, of acting with too much 
haste in his efforts to relieve us. It does seem to me, that 
there can be no doubt in the mind of any one, that the substi- 
tute should l:>e rejected. 

But gentlemen talk al30ut compensation for the slave. Who 
is to get compensation y How" is compensation to be had r* — 
We cannot sue the United States in any Court : we can bring 
no action against it, for any lost property, or other claim ; ail- 
that can be done, if a man is loyal, and has a claim of any kind 
against the Govei'nment — is to petition Congress to allow it. 
or bring it before what is called the Court of Claims, and if an. 
adjudication is made in its favor, he can tlien ask Congress 
for an appropriation. And tliis it may i^efuse, or not, as it 
pleases. We have no right tliat can l)e executed by force, or 
process of law. 

If we have any right to compensation at all, that fact noi\' 
exists as a fixed, distinct, positive right at this time, and the 
proposition introduced l)y the committee, in no way, shape or 
form, affects it. 

The proposed ameudment simply declares, that in the future, 
the institution of slavery shall not exist. But if it be destro^yed 
as the gentlemc]] say it ]ias ])een, by the act of the United 
States — if the eniaiicij)ation proclamation ]ias takan it awaj — 
if the armies ruljbed it out — if it has l^een taken by force, from 
the people of the State, and they have a right to compensation, 
that right now" exists, in full force. A man to-day, can urge 
Ms claim, and make it wdtii equal success, after as before the 
amendment is adopted, because the right is a present existing 
die, and no action we can take, can impair it. 

I tleem it proper to --ay liowever, that so far as the question 
of compensation is co'i^citr'iH-'}, I do uot Ijclie^'e tlie Govern- 



MISSISSIPPI CONSTITUTIONAL CONVENTION. IGS 

rnent of the United Stn.tes will entertain it. I Tvould not de- 
lude the people with the idea, that I believe that the Govern- 
ment will make ofeneral compensation for the slaves which have 
been taken or emancipated. Mr. Lincoln, in his proclamation 
of December, 1863, declared to the people of the Southern 
States, if they would return to their allegiance, and lay down 
tlieir arms, he would ask Congress to make compensation. 

It is also said that when the Commissioners from the Confed- 
erate Gover.nmxent inet him and Mr. Seward, at Hampton 
Eoads, he was then willing that compensation should be made. 
But these offers were rejected, and the war was carried on, at 
a cost of two thousand millions of dollars, and the lives of 
250,000 or 800.000 soldiers. Does any man suppose that those 
w]io thiLS carried on this vrar, regardless of the offer of amnesty, 
who refused to accept payment when it was tendered, will 
meet with any favor in preferring a claim to compensation. 

There is a class, v>'ho probably in the future, may receive 
some compensation. The. orphan, whose slave was taken 
from him, without any hostile action on his part — the widow, 
whose property was destroyed, without any participation on 
her part in the war — the lunatic, who was ignorant of what 
was being done ; and those persons whom the United States 
may deem loyal, if there be any such — there is a possibility, 
that in the future, some compensation may be made to these. 
But when will that compensation ])e made ? It will not l">e 
until the asperities of the war have been smoothed down — 
until the passions, which four years of contest produced have 
been quieted — until the malignant feelings, excited by it have 
been subdued — until an ^-era of good feeling" shall return, in 
which the Northern and Southern gentlemen can stand together 
in the halls of Congress, legislating for a common country, 
and a common destiny: and then an appeal may be made. 
'Now that this war is ]>ast — now that we are again united — 
now that we are in union, moving forward, and shoulder to 
shoulder, battling foi- tlie same Constitutional rights, united 
against the world, we appeal in the name of humanity — ^^'c 
appeal in the name of brotherly love — we appeal in the name 
of our common ancestors, to make som.e compensation to these 
innocent parties, for losses sustained in a war which they had 
no agency in bringing on : losses entailed upon them, l\v the 
misguided zeal of brothers and friends, who have paid a terril)le 
penalty, foi* their action ; and who claim no compensation at 
our hands, for losses arising from theii' deliberate but misguided 
conduct." 

I have thus attempted to present my A'iews. in support of 
the amendment, offered by the Committee. I liave wearied 
the Convention longer than I ought, and have not presented 
the)!! in the r-lear and perspicious mannei'th.at tliey appear to 



104 pi;ocK!:r)iX(^s axj) dkuatk.- in tiik 

my mind; but 1)c1ure I had tlic honor to j)c elected a member 
<jf this CV)iiveiitioii, I eonsidered. as T <h^ liOM". that the trwo 
jjolicy for tlie State, is to adopt a course, which wisdom, pa- 
triotism and manly di<2:nity re(iuire at our hands : is to torn 
oar hack, without repinin<>-, npoii the inevitable past; and 
looking towards tlie. future, to determine, if possible, to rescue 
the State from the destitution, into which it has been dragged 
— to restore our ])eople, if ])0ssible, to the Constitiitiori&I 
lights which they once had, under the Federal Constitution — 
to give peace and quiet, and repose to a distracted country, 
wdiich has l)een desolated l\y four years of ivar — a war, ia 
which the property of our people : their homesteads and their 
fields — all have been destroyed ; and their political and civir 
liberties almost crushed. 

On motion of Mr. ilarrison. of Lowndes, the su1)stitiit3 
^vas laid upon tlie table. 

Mr. Harrison offered, the folloAviug amendment b) the sec- 
ond section : 

•^ Strike out the word -that.'" and insert the words: 'Tiia 
institution of slavery having been destroyed in the State of 
Mississippi.'" 

Upon which I\Ir. Ilarrison moved the i)rcvious question. 

Which, being sustained, the question was taken upon tlie 
amendment, and decided in the atlirmative. 

Mr. Marshall, of AVarren, offered the following amendmeiifc : 

.\mend by striking out the word '-property."" in the foiirfcla 
line, and insert: The regulation of the la]>or and wages. 

On motion of Mr. Harrison, 

The amendment was laid upon the ta1>le. 

Mr. Cooper, of Rankin, offered the follow^iilg amendmeiit : 

Amend l")y inserting the word '•personal," befoi'e the word 
••property," in the fourth line of the amendment proposed. 

On motion of Mr.. Yerger, of Hinds. 

The amendment was laid on the table. 

Mr. Martin, of Adams, offered the following amendment : 

Amend by inserting after the word -propertv."" the words : 
••and regulation of the labor and wages.'" 

On motion of Mr. Yerger, of Hinds, 

'Jlie amendment w^aslaid upon the table. 

Mr. Harrison, of Lowndes, moved the pre^"ious questiou 
upon the second section, as amended — 

Which being sustained — 

The main question was tiien put, and the section adopted 
))y yeas and nays, called for by Messrs. Marshall, of Warrevi, 
Franklin, of Neshoba, and Johnson, of Smith, as follows, to- 
wit : 

Ye.vs — Mr. President, Messrs. Barr. Bailey, Billups. Binford, 
Blackwell, Bond, Brandon, Brown. Byars, Carter, Casoa, 



MlSSI^Siri'J (OXS'riTL'TJoXAJ. COXVK.XTIOV. 165 

( 'ojiiplon, ('ooi)er, of Rnnkiii. CooyiOr. ol' Piinola. Crawford, 
('riiiii, ( 'iiiTiminii's. D^p/is, Doitir, Dowd, Diiiicnu, Farlej^ 
Oaithcr. (towmh, Goode, (^I'iflin. (riiliy. IJall, Namin, IlaiTi- 
^011, Heard, llcininii'way. Mil], ilor/ie. Iloiistoji, Jiurst, Jania- 
.i>iij, .lohusoii, of (*]io('taw, Johnson, of Smith, Jones, Kenne- 
dy, King-, J^aniljdin, Lewers, Lewis, Lindsey, Loper, Martin, 
of Adams, Martin, of Suntlower, Matthews, Montgomery, 
May son, McBride, Moi'phis, Niles, Owen, of Tunica, Owens, 
of Scott, Peyton, Phipps, Pressle^', Qnin, Rives, Rushing-, 
Sanders, of Attahi, Simonton, Slover, Sparkman, Stanley, 
Stone, Stricklin, Tate, Trotter, Wade, Wallace, Wall, Watson, 
"W^ebl), White, Wier, Wooley, Woodward, W^die, and Yerger, 
Johnston, of Hinds, Johnson, of Marshall. — 87. 

NayS; — Messrs. Franklin, Hudson, Malone, Marshall, Maii- 
r\'. Potter, Reid, Reynolds, Sanders, of DeSoto, Swett, and 
Wilson— 11. 

The following is the section as adopted : 

The institution of slavery having been destroyed in the 
State of Mississippi, neither slavery nor involuntary servi- 
tude, otherwise than in the punishment of crimes, whereof the 
party sJiall have been duly convicted, shall hereafter exist in 
this State ; and the Legislature, at its next session, and there- 
after, as the public welfare may require, shall provide by law 
lor the ]3rotection and security of the person and property of 
the freedmen of the State, and guard them and the State 
against any evils that may arise from their sudden emancipj^.- 
tion. 

on motion of Mr. McBride. 

The Convention acljourned until 1: o'clock, V. M.' 



I'OUR CLOCK, P. M. 

The Convention met pursuant to adjournment-, and pro- 
ceeded to the consideration of the regular order, to-wit : 

The third section of the majority report of the committe 
on State Constitution, which is as follows : 

Third — That the tw^elfth section of the Declaration of 
Rights, be amended by the insertion of the following proviso, 
to-wit : 

Provided, That the Legislature in cases not capital, and of 
misdemeanors, may dispense with an inquest by a grand jury , 
and may authorize proceedings by information or otherwise, 
and the proceedings, in such cases, shall be regulated by la?7, 
and be had in such courts as the Legislature may direct. 

Mr. Harrison, of Lowndes, offered the followdng substitute 
for the proviso : 



166 PROCEEDINGS AND DEBATES IN THE 

Provided^ That the Legislature, m cases of petit larceny, 
assault, assault and l^atteiy, aftray, riot, unlawful assembly, 
clninkeness, vagrancy, and other misdemeanors of like char- 
acter, may dispense with an inquest of a grand jury, and 
may authorize prosecutions betbre justices of the peace, or 
such other inferior court, or courts, as may Ijc established by 
_ the Legislature ; aud the proceedings in such cnses shall V>e 
regulated ]\y law. 

On motion of Mr. Yerger, of Hinds, 

The substitute was adopted. 

On motiori of 3Ir. Harj'ison, of Lowiides, 

The fourth sectlori of the report of the conunittee waf-. 
stricken out. 

The Convention then proceeded to the consideration of the 
ordinance reported l\y said Committee, providing for an elec- 
tion for State officers, representatives in Congress, members 
of the Legislature, and all county, district, judicial and min- 
isterial officers, according to the Constitution and election 
laws of the State as tliey existed on the iirst i\i\\ of Jaiuiary. 
1861. 

The ordinance luiving been read, 

Mr. Hudson, of Yazoo, called up an amendment to the 
same, which was submitted by him on Tiuirsday last, provi- 
ding that certain judicial and other oflicers ])e reinstated and. 
restored to their several offices and positions for tlie unex- 
pired terms for wliich they were elected, as follows, to-wit : 

Be it ordained by tlie loyal people of tlie State of Missis- 
sippi in Convention assembled, 

1st. That the Higli Court of Er]'(n's and Appeals of thfs 
State, the several Circuit and Chancery Coui'ts of tins State, 
the Criminal Court of AVarren county, the office of Attorney 
General of this State, the office of District Attorney of the 
several judicial vdistricts and criminal c-ourts of this State, the 
office of clerk of the several Circuit and Criminal Courts of 
this State, and all county officers known to the Constitution 
and laws of this State on and ijcb^re the (Jth day of January, 
1861, be, and the same are ]ierel;y revived, re-estal)lished and 
declared to Ije in existence, full foi'ce and operation, and that 
the several persons elected to said orlices 1)y tlie }jeople at 
the last election- therebrr. in this State, and hohling said offi- 
ces at the time of the suspension of their functions and 
powers, in May, Ib'GLbe. mikI tiiey ai'e liereiA' reinstated, re- 
stored and elected to their >:iid se^-eI'al othces and positions, 
upon their respectively taking the amnesty oath, if not al- 
ready tai^en. and tlie ijroper oath of offiee, and giving new 
bond ami securite. to be taken, eonditir^ned and approved ac- 
cording to law. ill u\k: (;a>(; of fioiided olheers, for and until 
the end of t!ie Liijexiriin.';! term for whicii they were severally 



MISSISSIPPI CON&TfrrTiONAL CONTENTION. 167 

elected : Provided, That aiij^ such office now filled and held by 
any oppointee of Governor W. L. Sharkey, shall be held and 
filled by such appointee for the unexpired term of said office; 
and in case any of said offices are or maj' become vacant by 
the death, removal, resignation, refusal to qualify or act, or 
other legal cause, such vacancy shall be filled, in cases of dis- 
trict and State offices, by executive appointment, and in case 
of county officers, by election according to existing laws in 
such cases, for the unexpired term thereof. 

Me. Hudson, of "Yazoo — Mr. President :^ — The condition of 
the countr}^ demands that the officers specified should be 
restored to their offices. In order that the ground I take in 
this matter, may not be considered improper on my pait, I 
desire to say, that in the event of the passage of this act, I 
shall certainly resign the position which I have heretofore held. 
The condition of the country is such that the exercise of Ju- 
dicial power, is now indispensably necessary, at the earliest 
moment that it can be brought into operation. An election 
is proposed to be held, on the first Monday in October next, 
and that is but a short time, it is true, but I think it is amena- 
ble and objectionable in another sense. It will be almost 
impossible for the action of this Convention, as gentlemen 
knoAV, owing to the want of mail facilities, and other things, 
to reach them, so they may know, what has actually been 
done ; and place it before the people, and the various candi- 
dates, who may aspire to such j^ositions ; as to enable them 
to act judiciously and wisely, in the selection of their officers. 
This is more particularly true with reference to the district 
officers. They cannot canvass, or make themselves knov>^n to 
the people, before the election will transjoire ; and in many 
cases the people^will be obliged to select, wdthout having any 
very intelligent means of determining*. It would be impossi- 
ble, in some instances, to hold elections. 

There are many parties now^ confined in the jails of the 
counties, and the military authorities are taking cognizance 
of these cases, on the express ground, that there is no civil 
authority that can take cognizance and jurisdiction in the 
State. I have a letter from Gen. Slocum, Commander of the 
Department, proposing to intervene, in a case, where a party 
is confined in the jail of Yazoo county, on the ground that 
there is no civil authority. There are many complaints 
against the action of the military authorities, for intervening 
in questions of this sort, that properly belong to the civil au- 
thorities, when in fact, they place their action in many of the 
cases, on the ground that there is no other tribunal ; and as 
an act of humanity and mercy, they assume power, whether 
legally or constitutionally, it belongs to them or not. I pro- 
pose to reinstate the officers, who can take cognizance of 



1C»S pi:'")(i:i:!)iX(;s aXd i)i;i]At;-s ixtiii-: 

tiiese questions. Those officers who are kiio^vii to our Con- 
stitution and laws, whethei" in ;i State (jf rebellion or not, 
isave been elected by our own people, who will pans again on 
tins question, whenever it is ]n'esc>nted. They hold positions 
Vviiolly judicial and ministerial in their charaeter, and ha.ye 
been selecte{[ for their own fitness, in sul-Ii cases, and so far 
lis I know, there lais l)een no (hspfjsition ()n the part of the 
people to make any changes in these things. 

I wonld remarj^' lurtlier, that it lias Ijeen intimated to me, 
that the (dd officers ])eiiig elected during a state of re1)ellion, 
iiud that it might be improper to re-instate them ; or in other 
words, notwithstanding tlieir fitness — notwithstanding, that 
in all probal^ility they will l)e innnediatety returned to 
their respective offices — that going from this Convention, it 
might operate unfavorably upon ns, in rc^gard to our relations 
with the Federal (loverinnent. (iov. Sharkey has set a pre- 
cedent, on this subject, Avith the approval — at least therecog- 
mti(ni — and to the >!iatisfactidn of the Federal Government; 
for I ha^'c heard no complaint, and so far <*is he has thought 
it his duty, or proper to the State, or the Federal Govern- 
ment, to make chango.'s — it has l)een done. Ipro])osebytliis 
amendment, to re(M\gnize what has been done on tliat'subject; 
confirm the ap]:>ointinents he has made, and continiK' liis ap- 
pointments until the expiration of the unexpired term of tlio 
officers. 

]\Iii. 'Yi-:i!GEH, of Hinds — Mr. President : — I ()l)ject to the 
substitute offered by the gentleman from Yazoo, (Mr. Hud- 
son,) and to my mind, my objections are of such a serious 
character, that I am constrained to present them U) the Con- 
vention. 

In the first place, the amendment starts out with the idea 
tlnit the present incund)ents, have unexpired terms to fill. — 
According to the theory, on whicli this Convention is pror- 
ceediiig — according to the theory on which the Governmeixt 
of the United States is proceeding, the parties who fill these 
offices, though elected ])y the people, were merely officers, (Jr> 
facto: elected under a Constitution established by insurrec- 
tionary parties — not under the Constitution of the State of 
Mississippi, as an organized State, and part of the United 
States ; therefor there is no unexpired terms to l^e filled by 
the gentlemen, avIio were incumbents at the lime the State of 
Mississii^pi yielded to the forces of the United States. 

Again, it is true, that Gov. Sharkey, filled minor places — 
such as. Justices of the Peace, and as high as the office of 
Probate Judge ; and he did it with the approval of the Presi- 
dent of the United States, for he stated to him, that for the 
purpose of speedy organization, and in order to obtain a 
Oonvention at an early dav, we would have to take that course 



MrSSIS^II']'! (oXsTITrTIOXAL COXVKXTTOX. 109 

with tlie miiKjr ufiicers : but lie did not fill, and eonld not UlI 
the iiigber f^Tade of officer, with incumbents who had filled 
them, and only the minor (iffices were attempted, until the 
Convention should meet. He only did it, in order to havt' 
r.H immediate (jrganizaticni. Although (to v. Sharkey, thus 
filled these minor ofnc-es, for thatpurx)ose ; yet his course has 
been su.bjected to severe criticism on the ])artof the Northern 
press, who hold that the idea was to whitewash what has 
been done under the Ordinance of Secession. 

But a still more satisfactory objection to it, in my mind, is 
lliis : the offices were tilled at a period of time, when a large 
and very important portion of the citizens of this State, were 
a,bsent fromliome. and they had no yoi(:e, no word, in tilling 
tlie offices, or in choosing the incumbents. They have come 
back after years ot absence, spent in privation and toil, and I 
think their views, and their vvishes, should be consulted, if 
these offices are vacant now, for they have a right to choose 
the parties who will till them. For these objections, I shall be 
constrained to vote against the gentlema]i from Yazoo, be- 
lieving as I do, that it will militate seriously against the ac- 
tion of this Cofivention , and also exclude from a fair chance to 
express their wishes and opinions, those who were absent ; 
and deprive them also, as it\%iU.?of the opportunity of calling- 
on their fellow-cilizens, to p];ico them iii these same posit- 
ions, should they be entitled to fill them. 

Mpv. Ckawfoiid, of Jones — Mr. President : — The pe{)ple of 
one of the counties, l)eiug dissatisfied with the officers, who 
held the otiices, at tlie time the Provisional Goyernment was 
established, petitioned Gov. Sharkey for their removal. Upon 
that petition, he removed two of the officers of the county, 
in w^hicli the petition originated, which created disturbance 
raid iil-feeling there. I only Ijiring this to show the difficulties 
which may arise from the adoption of the substitute, in lieu 
of tlie original amendment ; consequently I opjjose it. 

Mr. Martin, of Adams — Mr. President :^I think we will 
save very little by attempting to continue, or put into office, 
those who have held these offices, under the State Govern- 
ment, while in reVjellion, because a large proportion of the 
judicial officers will resign, if restored to office. 

Mr. Hudson. — Mr. President :— I simply desire to suggest 
this ; so far as the objection of the gentleman from Hinds is 
concerned, that the action of Gov. Sharkey, in the restoration 
ef a few unimportant officers to their positions, has been the 
sabject matter of severe criticism in the North, it does not 
for one moment, affect my action as a delegate in this House ! 
It is not a political question ; it is one that certainly does 
not rightfully concern the North. Are we to submit every- 
thing fi'om A to Z, for their approbation, before we are per- 



170 PROCEEDINGS AND DitBATES IN THE 

mitted to act upon it? If so, I say, let us sit here and await 
orders. If, in these matters, which affect us alone — which 
affect mere connnunities, and of a mere judicial character — 
which affect the regulation of right and wrong, as between 
us, and not as between us and them — ^is to be subject matter 
of criticism, and we are appalled by that criticism from dis- 
«jharging our duty to ourselves, I say, let us sit down, and 
await orders. I do not understand that the Government of 
the United States criticises this subject. If criticism from 
any other source is to deter us from discharging what we con- 
cede to be our duty, we shall do nothing. The only ques- 
tion it seems to me is this : whether or not, the exigencies of 
the country require that this should be done — whether or not, 
public good and private interest would be best subserved, bj 
re-instating or putting into position, officers, who can take 
cognizance of these things, and relieve the military authorities 
from intervening, as the}' do from necessity — a necessity 
which will exist, until these ci^il officials are placed in tlieir 
proper positions. 

So far as the question of unexpired term is concerned, the 
amendment to the ordinance i)roposed, does not mean to say, 
they have been legally or constitutional!}- in office ; but it 
means, by law as existing in this State, prior to 18(51, and prior 
to the passage of the Ordinance of Secession : tliat there is 
now an unexpired term, so far as tlie tenure of office is con- 
cerned, aud that this Convention may place the present ineum- 
bents in position, for that unexpired tenure of office. That is 
all that it means to assert — all it means to accomplish. In 
case of the resignations spoken of b}' the gentleman from 
Adams, (Mr. Martin,) tliat can be promptly remedied by the 
provision here. 

Mr. Haekison, of Lowndes — Mr. President : — I would sug- 
gest another difficulty to the gentleman from Yazoo. The 
ordinance of the Committee is general in its character : it 
provides for the election of officers of the State generally, 
and members of Congress. That is, a general election is to 
be held. It also provides for a special election of all county 
and ministerial officers. This ordinance, offered as a substi- 
tute, touches none of the offices in the first section of the 
original bill, but the Attorney General, and unless it is modi- 
fied in some way, it is not an amendment In order to test 
the sense of the house, I propose to lay the amendment on 
the table. 

The motion to laj- on the table prevailed. 

Mr. Potter, of Hinds, offered the following, as an additional 
clause to the ordinance under consideration : 

First. That the High Court of Errors and Appeals of this 
State, the several Circuit and Chancery Courts of this State, 



MISSISSIPPI CONSTITrTIOXAL CONVENTIOIT. 171 

the Criminal Court of Warren county, tiie office of Attorney 
General of this State, the ' office of District Attorney of the 
several Judicial Districts and Criminal Courts of this State, 
the offices of clerk of the se^.xral Circuit and Criminal Courts 
of this State, and all county offices known to the Constitution 
and laws of this State on and before the 9th daj" of January, 
1861, be, and the same are herebj^ reyived, re-established and 
declared to be in existence, full force and operation, and that 
the several persons elected to said offices by the i:)eople at 
the last election therefor, in this State, and holding said of- 
fices at the time of the suspension of their functions and pow- 
ers in May, 1865, be, and they are hereby reinstated, restored 
and elected to their said several offices and positions, upon 
their respectively taking the amnesty oath, if not already ta- 
ken, and the proper oath of office, and giving new bonds and 
security, to be taken, conditioned and approved according to 
law in the case of bonded officers, to hold said offices until 
the first Monday in November, A. D. 1865 : Provided., that any 
such otRce now filled and held by any appointee of Governor 
W. L. Sharke}', shall be held and filled ])y such appointee un- 
til said first Monda}^ in November, and in case any of said 
officers are or may become vacant bj" the death, removal, re- 
signation, refusal to qualify or act, or other legal cause ; such 
vacancy shall be filled in cases of District and State officers, 
by Executive appointment ; and in case of comity officers, by 
election, according to existing laws in such cases ; and the 
terms of office of all such officers shall expire on said first 
Monday in November, 1865. 

JVIr. Potter, of Hinds — Mr. President : — The object of the 
amendment is simply to secure judicial and other officers, to 
perform these duties until the officers to be appointed under 
the ordinance reported b}^ the Committee, shall assmne their 
offices. If this be adopted, we will have re-established ci^i.1 
law, so far as it can be reached by the appointment of State 
and county officers. It seems to me the objection can be re- 
garded of very little force, seeing that the purpose of their 
re-appointment is merely to meet a present emergency. It is 
a matter of great necessity, and the time of theii^ continuance 
in office ver}^ short, as they will go out on the first Monday 
in November. 

Mr. HARRisoN.-yl had proposed to move to alter the 
report in relation to the time of the assembling of the Legis- 
lature, to the second Monday in October ; also the term of 
the ministerial officers to commence on the second Monday 
in October. In moving to lay this amendment on the table, I 
think it'is due to say that I propose so to amend, at the re- 
quest of several gentlemen, as to bring the meeting of the 
Legislature, on the second Monday in October. 
12 



172 PROCEEDINGS AND DEBATES IN THE 

On motion of Mr. Harrison, 

The ameudment was laid upon the table. 

Mr. Cooper, of Rankin, oftered the following amendment : 

Amend first section by inserting after the words "shall be 
held," in the first line, the words, -'on the first JMonda}' of 
October next.'' 

Which was adopted. 

Mr. Simon ton, of Itawamba, ott'ered the following amend- 
ment to the first section : 

Strike out all after the word ^'same.'' in tlic foui-th line, to 
the word "as," in the fifth line. 

On motion of Mr. Cooper, of Riinkiii, 

The amendment was laid upon the table. 

Mr. Harrison moved to amend the first section by strikino- 
out the word "first," in the sixtli line, and iiLsert tlie word 
"third," in lieu thereof, and by striking out in the same line, 
the word "November," and inserting in lieu thereof the word 
"October." 

Which amendments were adopted. 

The first section, as amended, was then adopted, and is as 
follows, to -wit : 

"That a general election shall be held on the first Monday 
of October next, according to the Constitution, and the elec- 
tion laws of the Stite as they existed on the firsc day of Jan- 
nary, 1861, for Representatives in Congress, and all State of- 
ficer* and members of the Legislature. The several Congres- 
sional Districts sliall be the same, and the time of holding the 
election for Representatives in Congress the same, as fixed 
and established by the Legislature in the year A. D., 1857. 
The Legislature shall convene on the third Monday in Octo- 
ber, 1865, and be orgawized and classified as the Constitution 
directs. 

The second section was then taken up. 

Mr. Johnson, of Smith, oflfered the following amendment, 
which was adopted : 

Strike out the words "until the next regular election there- 
after," in the third line, and insert after the words "success- 
ors," in the fourth line, and before the words "qualified," the 
words "elected and." 

Mr. Harrison moved to amend by striking out from sev- 
enth line the word "first," and insert in lieu thereof the word 
"third," and by striking out in same line the word "Novem- 
ber," and insert in lieu thereof the word "October." 

Which was adopted. 

The second section as amended was then adopted, and is as 
follows : 

A special election shall also be held at the time of said gen- 
eral election, the first Monday in October, A. D., 1865^ for all 




LSSIS-^IPri (:<JNSTITUTIONAL CoN\'EXTI(;)X. 173 

conhty, district, judicial and miiiisterial officers, and the offi- 
cers so elected shall hold their offices until their successors 
are elected and qualified, and enter upon the duties of their 
respective offices, according to the Constitution and laws — 
mid the term of office of ajl such State, county, district, judi- 
cial and ministerial officers so elected, shall commence on the 
third Monday in October, A. D., 18G5. 

The third section was then taken up. 

Mr. Harrison offered the following- amendment, which was 
adopted : 

Strike out the word "take,'' in third line, and insert the 
w^ords "have taken'' in lieu thereof. 

No other amendment being offered to the third section, it 
was adopted, as follows : 

'' No person shall be qualified as an elector, or be eligible 
to any office at said elections, unless in addition to the quali- 
fications required by the Constitution and election laws afore- 
said, he shall have taken the amnesty oath prescribed in the 
proclamation of the President of the United States, on the 
29tt day of May, A. D. 1865. 

The fourth section being taken up, 

Mr. Maury, of Claiborne, offered the follo-\ving amendment : 

Amend fourth section of the ordinance by striking out the 
whole thereof, and inserting as follows, viz : 

"No person shall be qualified as an elector at said election, 
imless, in addition to other qualifications required by law, he 
shall take an oath to support the Constitution of tlie United 
States, and the State of Mississippi." 

On motion of Mr. Harrison, 

The amendment was laid upon the table. 

The fourth section was then adopted as follows : 

"And immediately after the adjournment of the Conven- 
tion, the President thereoif tkall issue writs of election direc- 
ted to the Sheriffs of the seveaal counties in the State, requir- 
ing them to cause said elections to be held according to the 
election laws in force, and existing on said first da^' of Janu-. 
ary, A. D.,1861." 

The question was then taken on the oixlinance as amended, 
and decided in the affirmative. 

On motion of Mr. Yerger, of Hinds, 

The Convention adjoured, until to-morrow morning, nine 
o'clock. 



EIGHTH BAY. 

Tuesday, August, 22d., 18G5. 
The Convention met pursitant to adjournment. 



174 PROCEEDINGS AND DEBATES IN THE 

Prayer by the Eev. C. Johnson. 

Jonrnal of 3'esterda3^ read and approved, 

Mr. Reynolds, of Tishommgo, asked leave of absence for 
Mr. Wade, of Issaquena > 

Which was granted. 

Mr. Sessions, of Holmes, who was absent 3'esterday on 
aecomit of illness, asked leave to have his name placed in the 
affirmative on the final A^ote adopting the second section of 
the report of the majority of the Committee on State Consti- 
tution. 

Which was granted. 

Mr. Wier oflered the followins,- resolution — ~^ 

Which was adopted : 

Resolved, That the Committee on State Constitution be in- 
structed to take into consideration the propriety and expedi- 
ency of submitting the amendments of the Constitution, to- 
gether with the ordinances adopted b}' this Convention, to 
the qualified electors of this State for their ratification or re- 
jection, and report to this Convention as early as practicable, 
what action they recommend this Convention to take therean. 

On motion of Mr. Hudson, of Yazoo — 

The Convention proceeded to the consideration of an ordi- 
nance to be entitled "An ordinance in relation to the Ordi- 
nance of Secession, and other ordinances and resolutions 
adopted by a former Convention of Mississippi, held at Jack- 
son on 7th January, 1861, and on the 25th March, 1861," — 
said ordinance having; been reported b}' a majorit}' of tlie 
Committee on Ordinances and Laws. 

Mr. Johnson, of Marshall, moved that said ordinance be 
considered section l)y section, which being agreed to — 

Mr. Johnson further moved that the ordinance reported by 
the minority committee, and submitted by Mr. Trotter, of 
Marshall, be substituted for the same, which ordinance is as 
follows : 

Be it ordained., That the Ordinance of Secession, adopted 
by a Convention of the people of this State, on the 9tli day 
of January, 1861. l)e and the same is hereby repealed and 
abrogated. 

Mr. Tkottee, of Marshall, said : 

Mr. President : The question which concerns the proper 
disposition to be made of the ordinance under consideration, 
is one which has interested every member of this body. It is 
the general opinion, that it must be settled in some form by 
the action of the Convention, and a majority of the Commit- 
tee, to whom the suljject was referred, have thought it suffi- 
cient to declare by the " ordinance " reported by them, that 
it is simply " null and void.'" This conclusion is based upon 
the ground that the Convention which ordained it had no 



MISSISSIPPI CONSTITUTIONAL CONVENTION. 175 

authority to do so. A minority of the same Committee, 
however, believe that, whether the Ordinance of Secession 
was lawful or milawfnl, or in other words, whether the State 
of Mississippi, acting in her sovereign capacitj", as a State, 
had a right to dissolve her connection with the other States 
of the Union, and resume the powers delegated Ij}^ her hy the 
terms of the compact, that the action condemned was never- 
theless an exertion of power by a sovereign State, which, 
regarded merely as a revolutionary measure, was sufficient to 
command the oljedience of her citizens, and to excuse and 
justify them. The ordinance created a government in fact, 
if not in law, and according to the well settled principles of 
public law, and the decisions of the courts of everj" civilized 
nation, the citizens of that government were not only excus- 
able for obeying its authority, but were bound to do so. 
They had no option. Possession in this case, as in ques- 
tions concerning the right of x^ropert}^, is x>rima facie evi- 
dence of good title. The community at large are not sup- 
posed to be capable of deciding grave and complicated ques- 
tions of this sort, and are therefore loound, in determining 
the course of action to be pursued, to look no further than 
to the fact of actual possession. This was the rule adopted 
in England during the civil wars between the rival houses of 
York and Lancaster, which found one- claimant in possession 
this year, and his antagonist the next. The people were of 
course kept in a continued state of alarm and perplexity. 
Thej^ knew not which to obey. Hence the importance and 
absolute necessity of the rule mentioned, which decides the 
duty of the citizen by the safe criterion of present posses- 
sion. Any other principle would, in times of civil commo- 
tion, place them in a predicament of such peril as cannot be 
imagined without the most serious alarm. It would place 
them where they can neither do wrong without ruin, or right 
without affliction. '^Wretched indeed, al30ve all forms of 
wretchedness, must be their condition, if the rightful govern- 
ment might iDunish them for ol3edience to the powers in lac- 
ing, as the powers in being certainly would do for dhohedi- 
enceP In view of these conservative doctrines, as applica- 
ble to the action of the State in the instance under consider- 
ation, this bodj' should, in my humble opinion, be verj^ cau- 
tious and considerate in their final disposition of this ques- 
tion. It has been decidedly tlie arbitrament of arms against 
tl^e validit}' of the ordinance. The State has been compelled 
to 3'ield her pretensions and recede from the stand she 
assumed. The forces of the Union have triumphed over 
1^0 se of the State as well as of the Confederacv. The " or- 
dinance" can no longer be maintained, and the people ot 
the State desire to see it formally repecded and aniudledhy 



17^ PK0CEED3XGS A^D DPJBATKS JX THE 

the action of this bod}*. This can be done Avithout the U8e 
of such phraseology as -vvill unnecessarily place the seal of 
censure and condemnation upon our proceedings. The •• or- 
dinance" has been crushed by the physical power of the 
United States, and I am of opinion that they will give them- 
selves no concern about the reasoning of this body or its 
action in reference thereto. Hence I do insist, that whatever 
may be the differences of opinion here as to the power of 
the Convention of 1861. we should not so shape our action 
as to reflect discredit upon the intelligence and patriotism of 
that body. For though they may have erred, they acted hi 
the discharge of what they conceived to be a concientious 
dut}^; and their error was shared by a large majority of the 
people of this State, as well as by those of eleven of their 
sister States. To adopt the language of the ordinance, re- 
l)orted by the Committee, would not only tend to discredit 
the Convention of 1861, by a reflection upon their intelli- 
gence and patriotism, but would have the effect of imputing 
to every member of tliat body, as well as every citizen of the 
State who yielded obedience to its authority, tlie grave criiRe 
of treason. For that which is simply ludl and void can jus- 
tify the obedience of no one. And wiiilst we may acquiesce 
in the decision of the United States, and j^ield a ready and 
cheerful obedience to their authority, as our dut}' requires, 
yet it is certainly not necessary nor proper that we should 
go further, and l)y our voluntary resolution, cast any odium 
upon our predecessors. We all now regret the step that was 
taken, and sincerely desire to retrace it, and as soon as pos- 
sible repair the mischief which have floAved from it. This it 
is believed can be best accomplished by a simple repeal of the 
original '• ordinance," which puts it at rest, in a manner 
which meets the general wish, and will wound no sensibili- 
ties and compromit no rights. In this shape it can unite the 
conflicting views of those who believe it to have been void 
ah initio^ as w^ell as of those who believe otherwise, since it 
is a common practice with legislative bodies to repeal an act, 
whose constitutionality has been seriously questioned, or 
jiscertained by a determination of the proper judicial tribu- 
nal. Bj' the course recommended by the minority report, 
the end desired by all can be accomplished in a manner 
w^hich will secure general acquiescence and that harmony of 
feeling w^hicli should be cultivated by every means in otr 
powder, and vrhich is so essential to our welfare. 

Mr. Harrison, of Lowndes, offered the following amend- 
ment : 

'' Strike out the w^ord '• abrogated' in the second line, and 
insert in lieu thereof the words : declared to be of no force 
and effect." 



MlSSlSSirri COXSTITUTTOXAL COXYENTIOX. 177 

Mr. Martin, of Adams, oftered the following, as a substitEte 
for the ordinance reported by the Minority, with the amend- 
ment thereto, offered by Mr. Harrison, of Lowndes : 

That the Ordinance of Secession, passed by a Conventioii 
of the people of the State of Mississippi, on the 9th day of 
January 1861 : not having been passed in the exercise of Consti- 
tutional right, or of a right reserved to the State ; and being 
in violation of the Constitution of the United States, is hereby 
declared to be null void, and of no effect. 

Pending which, 

Mr. Morphis, of Pontotoc, moved to adjourn until 4 o'clock, 
P. M . 

Which was lost. 

On motion of Mr. Houston, of Monroe, the C<^>nventiori ad- 
journed until 3 o'clock, P. M. 

THKEE o'clock. P. M. 

The Convention met pursuant to adjouiTiment. 

On motion of Mr. Compton, of Marshall, the regular order 
of business was suspended, to enable him to introduce the 
following resolution : 

Resolved, That a Committee of three be appointed to take 
into consideration the pay of the officers and members of tMs 
Convention, and report thereon. 

On motion of Mr. Compton, 

The resolution was adopted. 

The President announced as the Committee, provided for 
in said resolution : Messrs. Compton. of Marshall : Matthews, 
of Panola ; Home of Wayne. 

The regular order of business was resumed, to-wit : 

The substitute offered by Mr. Martin, of Adams, for the 
ordinance, reported by the Minority Committee, with the 
amendment thereto, by Mr. Harrison, of Lowndes. 

Mr. Martin, of Adams, moved the previous question. 

Which was not sustained. 

On motion, of Mr. Yerger, of Hinds, the substitute offered 
by Mr. Martin, was laid upon the table, by yeas and n^j&^ 
called for b}" Messrs. Martin, of Adams ; Wier and Morphis, 
as follows, to-wit : 

Yeas. — Mr. President, Messrs. Barr, Bailey, Binford, Black- 
well, Bond, Brown, Byars, Carter, Cason, Compton, Cooper, 
of Panola, Crum, Cammings, Davis, Franklin, Gaither, Goode, 
Griffin, Gully, Hamm, Harrison, Heard, Hill, Home, Hiirst, 
Jarnagin, Johnson, of Marshall, Jones, Kennedy, King, Low- 
ers, Lindsey, Loper, Marshall, Martin, of Sunflower, Matthews, 
Maury, Montgomery-, Mayson, Owens, of Tunica, Owen, of 
Scott. Phipps. Potter, Eeid, Reynolds. Rives. Rushing, Ses- 



178 PROCEEDIx\GS AND DEBATES IN THE 

sioiis, Simoiiton, Slover, Stanley, Stone, Stricklin, Swett, Tate, 
Trotter, Wallace, Wall, Watson, White, Wilson, Woodward, 
Yerger. — 64. 

]S^AYS. — Messrs. Cooper, of Rankin, Crawford, Dowd, Gowan, 
Hall, Houston, Johnston, of Hinds, Johnson, of Smith, Lamb- 
din, Lewis, Martin, of Adams, McBride, Morphis, Niles, Pey- 
ton, Pressle^^, Qiiin, Sanders, of Attala, Sparkman, Webl), 
Wier, Wylie.— 22. 

The question recurrino- on the ordinance of the Minority 
Committee, 

Mr, Yerger, of Hinds, offerred the followiug, as a substitute 
for said ordinance : 

Be it ordained hy the Delegates of the 'people of Mississip2ji 
in Convention assembled, That an act entitled ''An ordinance 
to dissolve the Union between the State of Mississippi, and 
other States, united with her under the compact, entitled, the 
* 'Constitution of the United States of America," passed and 
adopted on the 9th day of January, 1861, by a Convention of 
delegates of the people of Mississippi, assembled at Jackson, 
and all other acts, resolutions and ordinances, and all altera- 
tions, amendments and changes, and proposed amendments, 
alterations and changes of the Constitution of the State of 
Mississippi, adopted by said Convention, at said session, and 
the adjom-nedj and called session thereof, in the year 1861, 
were without Constitutional validity or force, amd the same 
are hereby repealed, and declared of no effect. 

Mr. Matthews, of Panola, mo^'ed to la}' tlie substitute upon 
the table, 

Which v/as decided in the affirmative, ])y ,yeas and nays^ 
called for by Messrs. Bond, of Pontotoc ; Matthews, of Panola ; 
and Yerger, of Hinds ; as follows, to-wit : 

Yeas. — Messrs.. Barr, Bailey, Binford, Blackwell, Brown, 
Byars, Carter, Compton, Cooper, of Rankin, Cooper, of Panola, 
Cravfford, Davis, Dorris, Duncan, Franklin, Gaither, Goode, 
Gully, Hamm, Harrison, Heard, Hill, Hudson, Hurst, Johnson, 
of Marshall, Johnson, of Smith, Lewers, Malone, Marshall, Mat- 
thews, Maj'son, McBride, Morphis, Niles, Phipps, Potter, 
Reid, Reynolds, Sanders, of DeSoto, Sessions, Stone, Stricklin, 
Swett, Tate, Trotter, Wall, Watson, Wilson, Woodward and 
Wyhe.— 50. 

Nays. — Mr. President, Messrs. Bond, Cason, Crum, Cum- 
mmgs, Dowd, Gowan, Griffin, Hall, Hemingway, Home, 
Houston, Jarnagin, Johnston, of Hinds, Johnson, of Choctaw, 
Jones, Kenned}', King, Lambdin, Lewers, Lindsey, Loper, 
Martin, of Adams, Martin, of Sunflower, Maury, Montgomer}', 
Owens, of Tunica, Owen, of Scott, Peyton, Pressley, Quin, 
Rives, Rushing, Sanders, of Attala, Simonton, Slover, Spark- 
man, Stanlev, Wallace, Webb, Wier, Woolev, Wliite, Yeroer. 
—45. 



MISSISSIPPI CONSTITUTIOXAL CONVENTION. 179 

The question recurring on the ordinance, reported by Mr. 
Trotter, of Minority Committee, 

Mr. Yero-er, of Hinds, moved to lav the same upon tlie 
table— 

Which was decided in the athrmative, by yeas and nays, 
called for by Messrs. Johnson, of Marshall ; Trotter and 
Compton, as follows, to-wit : 

Yeas. — Mr. President, Messrs. Blackwell, Bond, Byars, Ca- 
son, Crawford, Cummings, Dorris, Duncan, Gowan, Goode,. 
Griffin, Hall, Hemingway, 'Hill, Houston, Jarnagin, Johnston, 
of Hinds, Johnson, of thoctaw. Johnson, of Smith, Jones, 
Kennedy, Lambdin, Lewis, Lindse}', Loper, Martin, of Adams, 
Martin, of Smiflower, Maur3% Montgomery. I^IcBride, Morphis, 
OAYens,^of Tunica, Peyton, Pressley, Qihnn. 'Reynolds, Rives, 
Sanders, of Attala, Simonton, Sparkmaii, Wallace, Webb, 
White, Wier, Wooley, Wylie, Yerger. — 48. 

^AYS. — Messrs. Barr, Bailey, Binford. Brown, Carter, Comp- 
ton, Cooper, of Rankin, Cooper, of Panola, Crum, Davis, 
Dowd, Franklin, Gaither, Gully, Hamm, Harrison, Heard, 
Home, Hudson, Hurst, Johnson, of Marshall, Kipg, Lewers, 
Malone, Marshall, Matthews, Maj^son, Niles.^Dwen of Scott, 
Phipps, Potter, Reid, Rushing, Sanders, of DeSoto, Sessions, 
Slover, Stanley, Stone, Stricklin, Swett, Tate, Trotter, Wail, 
Watson, Wilson, Woodward. — 16. 

Mr. Goode offered as a substitute, the following Minorit}' 
report : 

Whereas, A Convention of the people of tlie State of Mis- 
sissippi, assembled at the Capitol, on the 9th day of Janaarv, 
1861, adopted an Ordinance of Secession, of the State, from 
the United States Government, and declared that the State 
resumed her sovereignty ; and in a war resulting therefrom 
with the United States Government, whicli refused to recog- 
nize the legality or validity of that ordinance, the State failed 
to maintain her asserted sovereignty, and is now willing 
and ready to resume her status in the Union, as liefore the 
passage of that ordinance ; Therefore, 

Be it ordained by tJiis Qonvention, That said Ordinance of 
Secession be, and the same is, declared to be lienceforward 
null, and of no binding force. 

Mr. Brown, of Yalobusha, offered the following amendment, 
which was accepted by Mr. Goode : 

Strike out of the last line, the words : •■henceforward null 
and" — 

On motion of Mr. Jarnaohi, 

The substitute, as amended, was laid upon the table. 

The question then recurred on the first section of the or- 
dinance, as reported by the majority of Committee. 

Mr. Potter offered the followino- amendment : 



ISO PK(:)ci:i-:r)ix(;s and dkhatk- ix ihk 

Strike out all after the word "lierehyr'iii the 5th line, and 
insert the words, '-vacated and annulled."" 
Which was lost. 

Mr.- Johnston, of Hinds, moved tlie adoption of the first 
section ; and npon that motion, called the previous (question — 
Which being sustained — 

The question was taken npon the first section, and decided 
in the atfirmative, by yeas and nays, called for by Messrs. 
Barr, Slover and Crum, as follows, to-wit : 

Yeas. — Mr. President, Messrs, Bailey, Billups, Binford, 
Blackwell, Bond, Brown, Byars, Carter, Cason, Cooper, of 
Rankin, Compton, Cooper, of Panola, Crawford, Cummings, 
Dorris, Dowd, Duncan, Gaither, Gowan, Griffin, Gnlly, Hall, 
Harrison, Heard, Hemingway, Hill, Home, Houston, Hudson^ 
Jarnagin, Johnston, of Hinds, Johnson, of Choctaw, Johnson, 
of Smith. Jones, Kennedy, King, Lambdin, Lewis, Lindsej^, 
Loper, Malone, Marshall, Martin, of Adams, Martin, of Sun- 
fiower, Maury, Montgomery, McBride, Morphis, Niles, Owens, 
of Tunica, Owen, of Scott, Peyton, Potter; Pressley, Quinn, 
Reynolds, Rives, Rnshing, Sanders, of Attala, Sanders, of De- 
Soto, Sessions, Simonton, Slover, Sparkman, Staiilev. Strick- 
lin, Swett, Tate, Wallace, Wall, Watson, Webb, White, Wier, 
Wilson, Woodward, Wooky, Wylie, Yerger. — 81. 

Nays. — Messrs. Barr, Crum, Davis, l^ranklin. Goode, Hamm, 
HurstJ Johnson, of Marshall, Mayson, Pliipps, Reid, Stone, 
Trotter.— 14. 

The first section, as adopted, is as follows : 
Section 1. Belt ordained b)/ the peojAe of ike State of Mio- 
.•<lsslppl in Con.vention assemhled, That iin ordinance passed by 
^ a. former Convention of the State of Mississippi, on the 9t]i 
\ day of Jannary, A. D. 1861, entitled '-An ordinance to dis- 
y solve the Union between the State of Mississippi and other 
States, nnited with her, under the compact entitled the '-Con- 
stitution of the United States of America." is hereby decla-red 
to be null and void. 

The second section being taken up. 

Mr. Wier, of Yalobusha, offered the following amendment: 
Amend the second section by striking out the 4th line, and 
inserting in lieu thereof, the words, "are hereby delared null 
and void." 

On motion of Mr. Franklin, of Neshol^a, 
The amendment was laid upon the table. 
Mr. McBride, of Madison, otiered the following as a substi- 
tute, for the second section : 

Be it farther ordained. That all ordinances and resolutions 
amending, altering or changing, or proposing to amend, alter 
or change the Constitution and laws of the State, passed by 
said Convention of the State of Mississippi, which assembled 



Mi.-SJ -siPF'i (T)n,-titt;ti(.»xal c j^'\j:x'rj*'.v. 181 

at Jackson, the 7th day of January. A. I). JsHl, mid on the 
25th March LS(-)1, l)e and the same are lierehy dcchired iiull 
and void. 

On motion of Mr. Potter, of Hinds. 

The snbstitute Avas hiid upon the table. 

Mr. Johnston, of Hinds, offered the following amendment : 

Amend by striking ont. after the 4th line, the words, "to 
raise means for the defense of the State ;" and also, by strik- 
ing ont at the end of the section, the words : '-supplemental to 
an ordinance, entitled an ordinance, to raise means for the de- 
fense of the State, passed March 29th, 1861. 

Mr. Sanders, of Attala, moved to lay the amendment upon 
the table, 

Which was decided in the negative, by yeas and nays, 
called for by Messrs. vSanders, of Attala, Bond and Potter, as 
follow^s, to-wit : 

Yeas. — Messrs. Bailey, Criun, Dorris, Hall, Hemingwa^T, 
Hurst, Johnson, of Marshall, Johnson, of Choctaw, Kennedy, 
Rives, Sanders, of Attala, Webb, Wooley. — 13. 

Nays. — Mr. President, Messrs. Barr, Billups, Binford, Black- 
^vell, Bond, Brown, Carter, Cason, Compton, Cooper, of Panola, 
Crawford, Cummings, Dowd, Duncan, Gaither, Gowan, Griffin, 
Gulley, Harrison, Heard, Hill, Home, Houston, Hudson, 
Jarnigan, Johnston, of Hinds, Johnson, of Smith, Jones, 
King, Lambdin, Lewers, Lewis, Lindsey, Loper, Malone, 
Marshall, Martin, of Adams, Martin, of Sunflower, Matthews, 
Maury, Montgomer}^ Maj'son, McBride, Morphis, Niles, Owen, 
of Tunica, Owens, of Scott, Peyton, Phipps, Potter, Pressle3'"5 
Quin, Reid, Reynolds, Rushing, Sanders, of DeSoto, Sessions, 
Simonton, Slover, Sparkman, Stanlev, Stone, Stricklin, Swett, 
Tate, Trotter, Wallace, Wall, Watson, White. Wier, Wilson, 
Woodward, Wylie, Yerger. — 76. 

Mr. Yerger, of Hinds, offered the following as a proviso 
to the amendment, offered by Mr. Johnson, which was accep- 
ted by the latter : 

Amend by proviso to second section : 

Provided, That an ordinance, (bearing no date,) entitled 
'•An ordinance to raise means for the defense of the State," 
and an ordinance passed Mareli, 29th, 1861, entitle an ordin- 
ance, supplemental to an ordinance, entitled an ordinance, to 
raise means for the defense of the State, are intended to be 
left by this Convention, for such action on the same, as the 
people of the State, by their Legislature, may deem it rigjat 
and proper to take — having in view the honor and prosperity 
of the State. 

Mr .Marshall, of Warren, moved to strike out the proviso — 

Which was decided in the negative by yeas and nays, called 
for bv Messrs. Potter. Marshall and Crnm, as follows, to-Tv-it : 



182 PROCEEDINGS AND DEBATES IN THE 

Yeas. — Messrs. Criim. Franklin, Lambdiu, Lewers, Marshall, 
Martin, of Adams, Potter, Swett, Woodward. — 9. 

Nays. — Mr. President, Messrs. Barr, Bailey, Billups, Bin- 
ford, Blackwell, Bond, Brown, Byars, Carter, Cason, Compton, 
Cooper, of Rankin, Cooper, of Panola, Crawford, Cnmmings, 
Dorris, Dewd, Gaitlier, Gowan, Goode, Griffin, GnUy, Hall, 
Hamm, Harrison, Heard, Hemingway, Hill, Home, Houston, 
Hudson, Hurst, Jarnagin, Johnston, of Hinds, Johnson, of 
Marshall, Johnson, of Choctaw, Johnson, of Smith, Jones, 
Ilenned3% King, Lewis, Lindsey, Loper, Malone, Martin, of 
Sunflower, Matthews, Maury, Montgomery-, Mayson, McBride, 
Morphis, Xiles, Owens, of Tunica, Owen, of Scott, Peyton, 
Phipps, Pressley, Quin, Rej-noids, Rives, Rushing, Sanders, 
of Attala, Sanders, of DeSoto, Sessions, Simonton, Slover. 
Sparkman, Stanley, Stone, Strlcklin,'Tate. Trotter, Wallace, 
Wall, Watson, Webl), White, Wier, Wilson, Wooley, Wylic, 
Yerger. — S3. 

The qQestion was then taken on the amendment, Vvdth pro- 
viso, and adopted. 

On motion of Mr. Johnso]}, of Hinds, the second section, 
as amended, was adopted : 

On motion of Mr. Cooper, of Panola, 

The third section was adopted. 

Mr. Bake, of Lafayette. — Mr. President : I desire, before 
the vote is taken on this subject, to say one w^ord. 

It seems to me, sir, that in no sense is the language true — 
I mean the language in which the ordinance passed by the 
Convention of 1861, is declared "null and void." There 
have been, and there are yet— so far as my information goes 
— but two parties in the State on that su])ject. There has 
been, and I doubt not there is to-day, a large and respecta- 
ble party in this State, who hold that the right of secession 
is a reserved right. There is also a party who hold that there 
is no such reserved right as that of secession, but that the 
right of revolution exists. Now, sir, these being the two 
doctrines Iield hy tlie people of this State, (and so far as my 
inl'or/nation goes, the only tv-o .positions held by them,) I 
silbihit that, in the opinion of l^oth these parties, the lan- 
guage of tlie ordinance reported hy the_Committee is. incor- 
rect. 

If the right of secession is a reserved right, then the ordi- 
nance passed on the 9th day of January, 1861, is not annull- 
ed, for the right of revolution exists. Then, the ordinance 
passed in the Convention on the Sth of January, 1861, is but 
a solemn declaration of the peo])le of this State, wherel)y a 
revolution was inaugurated, and it is not null and void, un- 
less the rtght of revolution is null and void ; but I do not 
suppose tlie Committee wlio reported this ordinance, under- 



MISSISSIPPI CONSTFirTIONAL CCNVE.^TION. 10 d 

take to say that the right of re^'oliition is aiiiiullecl. 

Again, sir : This body is representative in its character. 
We pass ordinances, we adopt amendments to the laws : we 
may make a Constitntion ; and what are these ordinances and. 
amendments but law '? We are here as a legislative body, en- 
acting laws which become the highest law — the controlling- 
law of the State of Mississippi. Well, now sir, I ask what 
is the language of legislative bodies ? What is the peculiar, 
the proper, the technical word to be used by a legislative 
body, when it desires to set aside or abrogate an obnoxious 
or unconstitutional law ? Who ever heard that the legisla- 
ture used the words "null and void" in repealing an o]3nox- 
ious and imconstitutional amendment ? The words ''null and 
void," are i)eculiar to courts. Courts can declare laws and 
ordinances "null and void," because the words are peculiar 
to them and proper to be used bj^ them ; ]3ut it is and has 
been customary — time out of mind — for a Legislature in re- 
pealing, setting aside and abrogating unconstitutional enact- 
ments, to use the word "repeal." It by no means follows 
that because we say that the ordinance jjassed on the 9th 
day of January, 1861, is "repealed," we mean by the use of 
the word "repeal" to declare that the State of Mtssissippi ex- 
ercised a reserved right not inconsistent with the Constitu- 
tion of the United States. No such inference can arise from 
that use of the word, because it is a word peculiar to legisla- 
tive bodies, and the only proper word to be used by them in 
setting aside and abrogating an unconstitutional law or ordi- 
nance. 

I submit, then, whether it would not be most respectful to 
that large body of our citizens who did believe — unless the 
question has been finally settled by the late war — that the 
right of secession was a reserved right not inconsistent with the 
Constitution of the United States, to reject the form of words 
«sed in the majority report of the Committee? I submit 
whether it would not be treating that large bod}' of our citi- 
zens who believe in that right, with disrespect, and whether 
it would not be an attempt to set the seal of condemnation 
upon them, to come here now and use a word not peculiar to 
legislative bodies, and attempt, instead, to use words pecu- 
liar to courts — the words "null and void ?" 

Here, in the first section of this report, the ordinance pass- 
ed on the 9th day of January, 1861, is declared by the Com- 
mittee to be "null and A'oid." Well, sir, they then ])roceed 
to say further : "Beit further orucuuvid, Tiiat the folio wing- 
ordinances and resolutions passed by said former Conven- 
tion of the State ef Mississippi, which assembled in the city 
of Jackson on Monday, the 7th day of January, A. D. 1861, 
and on the 25th da}^ of March, 1861, be and the same are 



184 PROCEEDINGS AND DEBATES IN THE 

hereby repealed."' Now, what are those enactments that are 
declared to be "repealed '?" "To raise means for the defence 
of the State," is one of the ordinances referred to, passed 
mamfestly against the Government of the United States, and 
in anticipati un that war might follow upon the adoption of 
tbat ordinance passed on tiie 9th of Jannary, 1801. Then 
follows: "To regulate the militxiry system of the State of 
Mississippi ;'* "Concerning the jurisdiction and property of 
tlie United States of America, in the State of Mississippi/' 
and other ordinances. Now, sir, tliese things are all consis- 
tent with the idea of that ordinance of secession passed l)y 
that Convention — breathe the same spirit — emanate from the 
saro.e supposed right — and if the one is "null and void,'' why 
are not all the rest? Why have not tlie Committee, after pro- 
nouncing the ordinance of the 9th of January a nullity, gone 
on and pronounced everything in support of that ordinance, 
and tO" carry it into effect, "liereby i-epealedV" It does seem 
to me, Mr. President, and gentlemen, that the Committee set 
out with a determination to declare the ordinance of the 9th 
of January a nullity, and then, upon sober, second thought, 
have come back and made nse of the proper word, "repeal" 
— to the use of the word that would give no offence to any 
portion of our citizens — to the use of the ^vord that would 
not set the seal of condemnation upon a large portion of our 
citizens. 

I submit, tiieij, to the Committee, that tJie word "repeal," 
as used b}' them in regard to all the ordinances subsequent to 
that of January 9th, 1801, is the proper word to be applied 
to the ordinance of secession. 

Mr. Johnson, of Hinds. — Mr. President : Not intending to 
consume much of the time of this Convention, knowing we 
ought to expedite our ])usinc\ss as fast as povssible. I would, 
nevertheless, siibmit a few remarks in reply to the gentleman 
from Lafayette, explanatory of the views and sentiments of 
the Committee, of which I Iiad the honor to be Chairman, 
and that reported this ordinance. 

The words "mill and void," as applied to the ordinance of 
secession, were not words employed without due deliberation 
on the part of the Committee. They have a meaning, a sig- 
nificance, and an object. It is proper to remark, that in that 
Committee this point was the su))ject matter of extended dis- 
cussion, which finally resulted in instructions to myselt as 
Chairman, to report the ordinance in the w^ords in which it is 
i:iow before the House. I admit that with myself, (and 1 be- 
lieve with the rest of the Committee, ) the motive in employ- 
ing the words "null and void," sprung out of our peculiar no- 
tions as to the right of secession. As I ' remarked the other 
€iay, in connection with another subject, I never have admit- 



MISSISSIPPI CONSTITUTIONAL CONVENTION. 185 

ted the right, on the part of a sovereign State, to secede tVom 
file Union ; but if we had used the word "repeal," in refer- 
ence to the ordinance under discussion, it would have been 
a confession upon our part that the ordinance of secession 
had some original validity — that the right existed, and that it 
was exercised under the Constitution. "Repealing" it would 
have given this construction by irresistible implication, if not 
by particular terms ; and believing, as we did, the majority of 
the committee, at least, that tlie right of secession nowhere 
existed under the Constitution of the United^States ; we neces- 
sarily took the view, that the ordinance was "null and void,'" 
ab initio, and never had any binding effect and legal force. — 
My view of it then is now and always will be — other gentle- 
men of course, can think as they please — that no such right, 
I say, ever existed. I admit, that this ordinance, as reported, 
brings up the direct question as between us of the right of 
secession ; and I do not suppose of course, that those gentle- 
men of this Convention, who were secessionists, and recog- 
mzed the right of secession and I have no doubt the}' did, so 
very honestty — would support the ordinance, with the words, 
"null and void" in it ; because, being inconsistent with their 
principles, they would be constrained to oppose it — while for 
me, and the majority of the Convention, to l3e consistent in 
our principles, we were bound to report it in that shape. Now 
I do not intend to enter in a discussion as to the right of seces- 
sion, as I remarked heretofore; the argument has been ex- 
hausted upon that suliject, and I should iiot l)e guilty of revi- 
ing it. 

The gentleman himself has not attempted to revive it, but 
has yet taken a position, I think he is very much mistaken in 
— that by insisting on the w^ords, "null and void," we are 
acting disrepectful to those members of the Convention, 
w^he recognize the right of secession. Such was not the in- 
tention of the committee, and it was certainly very far from 
-my intention ; for with regard to those gentlemen, who have 
Mvocated that doctrnie sincerely and honest!}^ — as I believe 
almost all of them have — I jdeld the same right to them, to 
exercise their opinions on that subject, as I certainly have to 
exercise mine in opposition to them. There is nothing dis- 
respectful in it ; but if the gentleman's argument be good, and 
the opposite side insists upon the word "repeal," in opposition 
to our sentiments, it is acting disrespectfully towards us, I 
think ; the truth is. there, is no disrespect in it, one way or the 
other — opinions being different, and each one entitled to his 
own. "I would not vote," says a member of the committee, 
for the repeal of the ordinance of secession, because thereby, 
I would stultify my past political life and principles, ancl 
yield the point that I believed the right existed. I don't care 



186 PROCEEDINGS AND DEBATES IN THE 

particularly, how the members of this Com'entioii may choose 
to settle the veii^age of the report ; but I want the report and 
record to show that I, and the rest of the Committee, have 
not been guilty of inconsistency in our sentnnents. But there 
was no design to offer the slightest disrepect to the gentleman 
who addressed the Chair this morning, or to an_y other mem- 
ber of the Convention ; or to arraign their principles, or hold 
them responsible — but it was a mere assertion of the views 
and sentiments of a majority of the Convention, which they 
had a right to assert — which, if this Convention carries out, 
it is well and good ; but in regard to which, if it chooses to 
ignore it, we have no right to say a word. This is not a mere 
verbal criticism, but an important matter, having a direct 
bearing upon our great object here ; because when it is seen 
that we acknowledge the original validity of the ordinance of 
secession, by simpl}- repealing it, and that we concede its 
original validit}', it will be said that we are holding on to the 
right of secession, in our Convention, and that the majority 
believe in the existence of a right, to be exercised hereafter, 
if occasion requires. Therefore, I think the adoption of the 
remarks of the gentleman, b}^ the Convention, will prove a 
serious obstacle to the representation of Mississippi in the 
National Council. I accordingly believe it important to ad- 
here to the phraseolog}' of the report. Those gentlemen who 
differ from us in sentiment, of course can record their votes 
in favor of the substitute, which has been offered ; whilst I 
claim for m^^self the right of thinking upodi these great ques- 
tions, and freely recognize the right of other gentlemen, to 
differ fr©m the Aiew which I take. I have no feeling of disre- 
pect for any man who differs from me, on any question ; but 
a sincere respect for the opinions of any pne's political, re- 
ligious, and other views, where they are entertained in good 
faith. Having fought ultra States Rights opinions so many 
long 3^ears, I yet can but have a sincere repect for those hold- 
ing the political views involved in that doctrine, and concede 
the same honesty to the advocates thereof, as I claim for my- 
self and those associated with me. 

The gentleman seems to think, Mr. President, that we are 
denying the great right of revolution — ^not at all. The com- 
mittee have not been guilty of that — for every gentleman 
knows that vv^hatever may be the right in regard to secession, 
the right of revolution exists here and ever3^where, the world 
over. There is not a people so opp^-essed and down-trodden, 
that have not within themselves, the glorious right of revolu- 
tion. It is a right over and above all written Constitutions. 
It caja be asserted by tbe down-trodden serfs of Russia ; and 
any people on the globe, can revolt against their Government 
— ^raise up the standard of revolution and rally around it. If 



MISSISSIPPI CONSTHTTIOXAL COXVEXTIOX. 18T 

they succeed, tliey become founders of great empires — but 
otherwise, the consequences fall upon tliemselves. We are 
not denjdng the right of revolution, but ackno-vvledge it ; and 
the very terms employed in the ordinance, tend to recognize 
that we w^ere engaged in a revolution — because we say that 
the ordinance of secession w^as "null and void." It certainly 
was so w^hen tlie war terminated disastrously, and in my view, 
it was ah initio. 

Lastly: the gentleman has said that the terms, "null and 
void" are unusual in legislative bodies — that we are traveling 
Hjut.of the ordinary A'erbage, to bring in these words. I admit, 
that when a mere legislative body attempts to do away with a 
law, they do use the w^ord "repeal ;" but I do not look upon this 
Convention, in the attitude of a mere legislature. We are 
flcalingwith fundamental principles ; and this body is infinitely 
n])Ove a mere legislative body — for, in fact, we have the power 
to SAveep away every vestige of the Constitution, and establish 
ii new^ one, different in all its features. AVhile I admit, that 
^vhereas legislatures nse the word "repeal," when destroying a 
law^ they wdsli to do away v/itli — yet we may unquestionably 
use the words, "null and void." I am no great stickler for 
for mere words, except when those words are the representa- 
tives of substantial things, and I conceive this language rises 
above the dignity of any verbal criticism, and raises the ques- 
tion between ultra States Rights men, and those of opposing 
doctrines, who must settle that question according to their 
•different opinions. I hope the substitute will not prevail, but 
the ordinance reported hy the Committee will be adopted. 

Mk. Joiixsox, of Marshall — Mr. President : — All wise leg- 
islation must proceed on principles of mutual concession and 
forbearance. The highest statesmaiaship is distinguvjshed by 
:a spirit of com])romis@. The adoption of this particular lan- 
guage is moved i!pon Guch a prhiclplo. Th^t this i^iay be more 
manifest, I will call the attention of the Convention, to the 
fact, that the}" Iiave three reports Irom this Committee before 
them. The Majority Report, wdiicli uses the language ''de- 
clared null and void" — a Minority Report, by Goode and 
Cooper, wdiieh says, "declared to be henceforth null and of 
110 binding force," and this, by my colleague, Judge Trotter, 
which simph^ "repeals and abrogates" the ordinance of seces- 
ion. Here all can meet. If the ordinance was really mill and 
void, so nmch the greater reason to repeal and abrogate it. — 
If there are any here, who consider that it was originally valid 
and binding — then there exists a necessity now to repeal and 
abrogate it. All concur, it seems, in the opinion that it is now 
dead. For the strongest of reasons, it is now inoperative. In 
this respect, it is something like the discussion on a former 
doy, on the subject of slavery — all as^reed that it was dead. — 
13 



188 i'ROCKKDINGS AXI) T)K BATES IN TIIP: 

Some gentlemen were very vehement in their asseverations.. 
tbat it was dead, dead, dead — and the only question seemed tO' 
be — who had killed Cock Rohln. / Some insisting", as in the old 
liiyme, that it was tlie spari'ow, with his bow and arrow — 
others, that it was thetly, Ix^'anse \\(i>^aLv him die — and otliers, 
ao-ain, that it was the mute and harmless tisli, with liis littk" 
dish. A plan was hit npon then, and I liope will ])e noAv. to 
give or ])erinit due weijjiit to all these important means, so 
that all may be satisfied — so that those iufiueueed by the ar- 
gmnents of the miohty spairow, tlie diseernin<y lly, and even 
of the loaves and tishes, may all eoneur in tlieir vote. 

A great deal has l)een said, Mr. President, on the old (ques- 
tion of the right of seeession, which I cannot but consider 
mis-timed, entirely irrelevalant. Xo one, sir. ever contended. 
that I am aware, that secession was provided for in the Con- 
stitution of the United States. 'I'Imt would have ])een to pro- 
vide for its own destruction. .Vnd as to the language nsed 
by others — that it was a revolutionary right, this surely is a 
contradiction in terms. To say that it was a violation — viola- 
tion, mark you, of the Constitution, and yet a revolutionai-y 
right, is like contending for the right to commit treason, arson 
and murder. If it was not a right reserved to States, or tO' 
the people thereof, outside of, aud above all Constitutions and 
compacts, whether leading to revolution or not, it was ilo 
right at all, and ought never to l)e spoken of as such, either to 
affirm or deny. But as I said, this is all irrelevant to the ques- 
tion before ns. Whether arevolntionajy I'ightora right lead- 
ing to revolution — nuitters little now. Tliere never will l)e 
another atteuipt to exercise it ; we only now want to get th e 
ordinance off the statute books, and give it a decent burial. 
Decenc}^ aye, sir, respect, in this i^roceeding, is due oiu' 
St.ate — due the distinguished citizens, who, whether right or 
wrong, believed they were right, and are entitled to tlie meed 
of sincerily — is due our devoted people — due the gallant dead, 
and du(^ to ourselves. 

Give us a little breathing time, gentlemen ! — •'somemoililica- 
tion for your giant, over t!ie way there !" In the late projjosit- 
ioh, (the Constitutional amendment.) passed on yesterday, it 
was manifest, whatuuanimity a little concession conld produce. 
Ancient Pistoe never devoured his 'deck"' with more gusto,, 
than we. were ])rei)a)'ed to swallow that measure. AYe only 
wanted you to "silence the cudgel" awhile, and give reasonable 
time for mastication. So now, we ask you to yield a little to 
the prejudices and feelings of this people. I respectfully sub- 
mit, the words here nsed, "repealed and abrogated," are the 
most comprehensive and conciliatory that could be emplo3'ed. 

I object to the language of the majority on another ground :. 
it does not repeal or destroy the ordinance, but is merely de- 



MKSI^SrPpr CoXSTITUTIOXAL CCXTKXTIOX. 1S9 

claratory of opinion: not that I think it incompetent, or en- 
tirety irregular for a body of tliis kind to nse such a form ; 
and in this, I dift'er slii>:}itly witli the gentleman from Lafayette, 
(with whose general views upon this subject, I most fully 
concur,) that such a style is peculiar to the Courts, and that 
this body lias no judical powers. If I understand it, sir, this 
is a Convention of the people of Mississippi, and contains in 
embryo, in idea, all the ])Owers of Government, Legislative, 
Judicial and Executive ; yet it is neither, and is alcove them 
alL It is the State. Still, it is a Convention of limited powers, 
because it consists not of the people actuallv, butof their dele- 
gates, called together for speciiic j^urposos. The majority of 
the Committee, have also V)een iuo^usistout with themselves — 
for in the same report, they ■recconnneud the repeal of other 
ordinances, passed l)y tlie f'onventiou of 1861 — which were 
corollary to th(^ ordinance of secession, and dependent upon 
it for validity and vitality. Yet. I have not risen to ceusure 
or criticise, but to eudeavoi' to promote harmon3\ The gen- 
tleman from Hinds, (Mr. Johnston, ) deprecated tlie idea of 
nnkindness, or disrepect to any delegate of this Convention. 
I did not so i-eceive anything he said — nor do I consider there 
is any unkind ripss couched in the words of his ordinance to 
lis. It is not for ourselves, but for tlie pe0])le, I am asking 
consideration ; for the people of this State, who with iniauiiiiity, 
rarely equalled, ratified and unlield for fouj- year.s, this ordin- 
ance, which is now sought to l)e declared a un.llity. Sij-. 
these remarks jiiiglit lie extenchnl to any length, wci-c I dis- 
posed to trespa^^s upon the [)rccious tiuie of the C<)u^'entiou. 
I will only conclude as I begau, with entreating tlu'Ui to hai- 
mony, and not to forget the dignity of the State of 3Iississippi, 
or their own; and that for these purpose=^, no ^vords are moi'e 
suitable, tluin repealed and abrogated. 

Mii. Bi-:oAVN, of Yalobusha — Mr. President: — i uex-er have 
believed that a State has the peacea])le or reserved I'ight to 
secede ; and I am prepared on all |)ro].)er occasions so to de- 
clare ; and if, in disposuig of the ordinance, now under con- 
sideration, I have to meet the dii-ect proposition, whether a 
State has or has not the right to secede, I shall gi\'e ray 
vote in the negative. But I hope we will not be required in 
Convention form, to express an opinion on the subject, because 
we are not required to do so Irom a sense of duty to the 
country. It will ontybe our collective opinion as individuals. 
It will not settle the matter, and can do no possible good. If 
this right does exist, or if it has l3een surrendered, it was 
done long years before Mississippi had an existence as a State, 
done by the people in the formation of the Union ; and it 
is only for the highest trilnmal of the people to decide wdiether 
that right was reserved or surrendered. I hope we may dis- 



190 PEOCEEDIXGS AND DEBATES IX THE 

pose of tills ordinance, ^vitliout expressing any opinion in re- 
gard to ivliat we conceive its validity to lia:\^e been at the time 
of its passage. I tliink we slionid forbear this, in consideration 
of circumstances that have so lately transpired. In considera- 
tion of our conduct for the past four years, I should forbear in 
respect to the feelings and opinions of a respectable number 
of our fellow citizens, who honestl}' differ with the majority 
of the Convention on this subject. The distinguished gentle- 
man from Adams, thinks we should pass severe condemna- 
tion upon this ordinance. He said, "^^esterday we hurried 
slavery, to-day, let us bnrry its twin brother, secession." Mr. 
President, I too, was at the burial of slavery, and participated 
in the imposing ceremonies of that occasion, and I there de- 
manded that the authors and perpetrators of that outrage and 
crime should be inscribed upon the tombstone. But "no !" 
said distinguished gentlemen, and the majority of this Con- 
vention. They were unwilling to wound the feelings — unwil- 
ling to reflect upon the tender sensibilities of those who are 
our enemies — and have never Ijeen our friends ! Mr. President, 
secession is no more. To-day, we lay it in the grave — and 
here at the funeral, I only ask that forbearance for our friends 
that was manifested on yesterday, for ouv enemies. I was 
there taught a lession of forbearance and charity towards my 
enemies ; ma}^ I not observe it now that I am dealing with our 
friends V Secession is dead— let it sleep in peace — and let our 
•jpinions unexpressed, sleep in the grave with the dead. 

Fi^'e years ago, Mississippi called a Convention — in this 
hall it assembled — its authority was as potent as ours — it ie- 
"L-loredtlie allegiance of Mississippi absolved from the Federal 
Union — the Government scorned its validity, and demanded 
Ijack the allegiance. Mississippi^ as boldly denied that s.he 
OT^-ed it — and pointing at the dome of Montgomery, said: 
•'Yonder is my allegiance, and here, [ha)ulo)i his breast,) is my 
^vereigntv !" The clash of arms, and tlie din (jf. war was 
#ie oequt 1 1 r c V i^^ur \ canti, an astonished world, in breathless 
anxiety, watclied the doubtful struggle ! It is over now, and 
fallen are the fortunes of Mississippi. But I, who have fol- 
lowed lier liag so long — vrho v>'as her companion in her majesty, 
and in the honors of her triumph — ^^am unwilling to stultify 
3Iissis3ippi, now that she has fallen, and is in chains ! Let 
secession sleep in peace, in the grave where we lay it. It was 
a child of our section— born perhaps in error— but reared, I 
have no douht, with integrity of purpose. Let it sleep in 
peace — and let us cast no reflections upon the opinions of 
those who cherish its memory. It has been so lately, that we 
treated with feigned and slavish difference, the sensibilities of 
our enemies ; le^tus have some little respect now, for the feel- 
ine-s of our friends. While we are attempting to conciliate 



"&' 



MrssissiPPi coNSTiTUTioN.y:. convention. 101 

Federal favor — let lis also try and conciliate the feelings of 
our people at Iionie. Let us seek nov/ for unity of purpose, 
and unity of effort in the great v^ork of reconstruction and 
recuperation. 

Mr. Johnson, of Smitii — Mr. President : — I thought that if 
uny one question had been settled by the war of the four 
years past, tlmt of the i-eserved and Constitutional right of the 
secession had been. It appears, however, that other gentle- 
men do not so regard it, ])ut desire to leave it as an open 
question for the considei'ation of the Supreme Court of the 
United States ; but how it is to get before it, I am not able tu 
determine, and do not believe it Vv^ill come up there. 

One gentleman insists, that if the Ordinance of Secession is 
a nullit}', and not binding, because the State had no right to 
secede., it yet had some vitalit3^ as a revolutionary measure. 
But it was not passed as such ; but as a measure wliicli the 
State of Mis.sissippihad a right to pass — it being insisted that 
the State of Mississippi had a Constitutional, reserved right to 
pass the ordinance, dissolving her relations and connections 
with the United States Government — and it is in this sense 
we have to treat this Ordinance of Secession — and not as a 
revolutionary measure. I take the position that the Ordin- 
ance of Secession is a nullity, and if it is, there is no reason 
v^^hy this Convention should not treat it as such. There is 
nothing undisguised in our adopting an ordhiance, declaring 
the fact ; nor is it any discourtesy to any gentleman, who foi'- 
raerly entertained, or may now entertain different views on 
this subject, from those who occupy seats in this Convention. 

Is the Ordinance of Secession a nullity? I do not under- 
stiJiid thst; the report declares it a nullity ab initio — though I 
believe .such was the fact — ^but simply declares that it is 'mull 
and void." According to the amendments adopted by the 
Convention., to the Constitution, which passed the Ordinance 
of Secession, certain oSicers in the State of Mississippi, were 
bound to take an oath to support the Constitution of the Con- 
federate, States and of the State of Mississippi. Is there any 
vitality in that provision ? If this ordhmnce, abrogating and 
nullifj'ing the Ordinance of Secession, should not be adopted 
by this Convention, would the ofiiccrs specified be required 
to take tliis oath? I say not, because this was done in su[)- 
port of tile Ordinance of Secession, and therefore this ordin- 
ance has no binding force. 

Suppose this Convention should not nuUifv or repeal this 
Ordinance of Secession— what effect would that have upon 
our future — would it at all change our relations to the United 
States Government? If this body sh.ould dissolve without 
having taken any action of this character, and om- delegates 
be electec'l — would this wani of action be any objection totlieir 



192 PROCEEDINGS AND DEBATES IN TJIE 

being admitted ? I say '-no/' — Ijecaiise the Ordinanec of Se- 
cession is a nullity, vritli no idndino- force wJiatever. And I 
see no reason to declare that Vv'hich is certiuiily the fact, that 
it has no binding force or effect. 

Mk. YEKGEii, of Hinds— Mi'. President : — A sense of duty 
impels me to object to the report o.f the Minority. If I could 
so, consistently with principles vvliich I always entertain, and 
consistent with the oath whicii I have taken to sii})port the 
Constitution of the United States, if by so doing, I could save 
the feelings of any member, while at tiie same time, doing no 
harm to the State or coimtrj, of Y/hich I am a citizen, It 
■would aSbrd me plea-sure ; but having jSxed and defined opin- 
ions on the subject>-~opiniorzS long entertained, and which the 
events of the past four years have,gr&vcn mdeilibiy upon my 
mind, I cannot, without self-stulttfieation,."''^^^cre to the propo- 
sition contained in the Minority Report. The repeal^ind abro- 
gation of a law, hy necessary^ implication, admits its prior 
validity; otherwise -there would be no occasion for repealing 
.and abrogating a law ; when therefore, I should undertake to 
vote for a proposition to repeal and abrogate the Ordinance 
of Secession,! would necessarily imply, according to all legal 
construction, that there had been a period of time, at 
which, -in my judgement, there was validity and force in the 
ordinance, which we seek to repeal and abrogate I cannot, sir, 
consistently with the principles which I have long entertained 
and which have been established beyond question — it seems, 
to me, by the past four years of war — support the Minority 
Heport. 

How do wo sit here — under what circumstances are we con- 
vened ? The President of the United States, acting in the 
name of the people -of the United' States, and under the Con- 
stitution of the United States, Las declared that all the official 
acts of all the oillcers, appointed hy the State of Mississippi, 
under the Ordinance of Seccs^icn, vv'ere null and void, and 
they have all been set aside and treated as nullities, by the 
Government of the United States. So treating them, the 
President of the United States, for the purpose of restoring the 
rela/tions whicli have formerly existed between the State of 
Mississippi, pmd the Federal G-overnment, appointed a Provis- 
ional Governor, fa:- the ^;;>:n.or^: (?i ijonvcning an assemblage 
of the people of th ^ ^ ; snd in doing so, he 

proceeded upon th-. .._. . -,u.. which had taken place 

under tlie Ordinance o ' .. ere nullities — and, if they 

were not, we have no buoiiiuoo a^c.j. ¥/hen we came here, we 
took an oath, to support and maintain the Constitution of the 
United States. Under that vote, I am constrained to vote, 
according to the opinions which I entertain, in reference to it 
—that the Ordinance of Secession was null and void. ' I can- 



MISSISSIPPI coxstitut;oxal convention. 193 

not do otlienvise, and not violate tiie oath avIiIcIj I have taken 
— beeaiise 1 am satistied that there was no power existing in 
tlie State of Mississippi, in the year 1861, or at any other 
period of time after she was a mem1)er of tiie Federal Union, 
to secede and withdraw from that compact, and that the act, 
being- done, was under the Constitution and Laws of tlie 
Ignited States, "null and void."" ' 

It is said by gentlemen, that there is a right of revolution; 
that there is a re~\-olutionar3' right ; and that when we speak of 
the rights of revolution, we do not speak of Constitutional 
rights. When we speak of '•revoiiitionary rights" we speak 
of the natural right, which a people retain, outside and above 
tlie Constitution, to relieve themselves from an oppressive 
Government, whether it is a Government operating under 
Constitutional forms or not ; and that the party who under- 
takes to exercise that natural right, exercises it at his peril. — 
If successful, the Government v/hich is established bv revolu- 
tion, becomes a member of the States of the v/orld ; if unsuc- 
cessful, the parties who attempt it, are rebels, according to 
the Constitution and laws of the country, from which they 
sought to separate themselves. When, therefore, men say 
there is a right of revolution, they don't mean to saj/ by that, 
that there is a right recognized by the laws of the country to 
-recede from it, and withdravf from it ; but there is an inherent 
right, which jqii can exercise in with drav/ing from any Gov- 
ernment. I have now, as a citizen of the State of Mississippi, 
if I believe her laws are oppressive, injurious and tjn'annical, 
and that I am unable to withstand thera, and maintain my 
dignity, self-respect, character and libertj^ under those laws, 
[ have now a natural right, ond if I had the power, I conkl 
-:issert that right, and estal)lish a revob.itionary Government 
here; but I do not derive it under the Constitution and laws 
of the State ; and if I vras to persist, and set up a revclution, 
it would simply be "null and void," bo for as the Ccnstitntion 
and laws of this State were conceined. 

We do not, in the slightest degree, impeach the integrity of 
the gentlemen vmo voted for the Ordinance of Secession ; for 
tiiey took their action, I believe, upon their conscience, holding 
themselves responsi'ole to God and the country, for the act 
they did, I accord to them, sincere purposes — that sincerity 
of purpose, and integrity of conduct, which I calm for myself, 
in the opinions and acts which I express and entertirln. I do 
not seek, in the slightest degree,, to cast im^jutations upon the 
motives of men, for their condiict and practice, I know that 
man}^, if not all of them, v/ere sincere in tlie opinions which 
the3^ entertained. I diiiered from them then ; I dilFer from 
them now ; but in that difference, I reflect upon the motives of 
J 10 man. I do not oven reflect upon the conduct of a.Ky man. 



194 PROCEEDINGS AXI) DEBATES IN THE 

believing- tliat the last four ^^ears, have shoYrii tlnit those gen- 
tlemen were earnest and sincere — that their opinions were iho. 
honest opinions of their hearts; and that as far as the,y have 
been enabled to so, by arms, they have carried out their con- 
yictions. I do not reproach them — no man should, Thcsut- 
ferings and privations though which this country has ])asse{L 
in the last four years, sliould serve the purpose of wiping out 
forever, all past differences, and past animosities, upon this 
question of secession. Let us l^egin anew ! Let us start anew 1 
If any of us vvci-e wrong in the past, let there ])e thro vrn over 
that the same amuesty, the same act of oblivion, which tlie 
President of the United States professes and gives for acts 
done against the Government of the bruited States. ibit 
while we do not hold them respoiisible in a political charactei% 
for the past, nor load them with the results of tiieir conduct, 
and the consequences which have followed from their acts — 
let us not at tlie same time, go forward and stultify our own 
opinions, by yielding on a question of courtesy, a matter oi' 
Constitutional law — a matter of absolute princii)le, without 
mi assertion of which, we have no busiuess here to-day, and 
siiouid retire home. On yesterday, we voted that the Ordiu- 
ance of Secession was a nullity, so far as the effect was con- 
cerned, v*hen we ordered an election, for tlie purpose of filliug- 
offices in the State of Mississi})pi ; for if it had not hecn "null 
and void," the ofUcers elected under it, were officers of this 
State ; ])ut their otUces have l)een vacated. Now, there is no 
reason for any sensibility upon the part of gentlemen on this 
floor. There is no reason for sensibility on the part of any 
citizen of this State. After the act of secession took place, al- 
most with one accord, the people of the State acceded to the 
act, Y/hich was done ; and if the gentlemen, wlio passed the Or- 
dinance of Secession,, were wrong in passing it, nil the citizens 
of the State who upheld or sustained them intheir action, have 
been guilty of an equal crime ; and if tliere is any man here,. 
who is not guilty, let him throw the first stoue at the gentle- 
ineu who passed that Ordinance of Secession. We do not 
blame them now for what they did in the • past, yeting undei- 
their oaths and consciences ; although we l)elieve that act 
without Constitutional law, and void ; we accord to them, i> 
belief of sincerity and truth, in the opinions they expressed, 
and the act undertook to perform. So believing, let that not, 
for an instant, be imputed to the gentlemen who fought against 
them, or to any portion of the people of tlie State, a desire to 
reproach them for their acts, in the past. 

The President has offered amnesty — an act of oblivion, for 
that which has been done; and we, as fellow-citizens, although 
we may have dilferei IVom them — can do no less tlian in our 
political, private and social conduct, to give the same amnesty. 



MISSISSIPPI CONSTITUTIONAL CONVENTION- 195 

the same forgetfuluess of the past : Init, as I saidbeibre, unite 
with them ; and as good citizens, determine in future, disre- 
garding the errors, heart-burnings and animosities of the past, 
to work together witli one accord, to restore civil Governmen.t: 
to restore peace and order ; to restore permanent prosperity 
and happiness to the people of the State. 

Mr. Brown, of Yallobusha — -Mr. Pro -id i>:it : — I merely wisli 
to state, that if the direct proposition liefore the House was — 
T/liether the State has a ri2:ht to sp.cedo, I should ]}e compelled 
to vote it down; hut. that if possible, it is very desirable that 
we should so act. as not to reliect npon our rxovernmcnt and 
people. 

Mr; Hrnsox. of Yazoo— Mr. Presiderit : — I am free to say, 
that, in my opinion, there never was inore b.umbnggery con- 
tained in two words, than in those of ■■pfrK^c-lde secession;'" 
and in so saying, I represent merely my individual convictions 
upon the question. 

It has been soid, that secession-, like slaveiy. is dead — very 
dead. That may be true, and it may he the dis])osition of 
this House, to go farther, and bury it like slavery, with its 
f^ice €low^nward : with the inscri})tion on its back : — "no resur- 
rection ;" — ])nt. the Cfuestion presents itself to n\y mind. 
whether it is judicious or politic to do that. In the county 
which I have the honor to represent, this (piestion vv-as not 
discussed at all , and while I, as an individual, shrink not from 
an assertion cf my opinions, or the main.tenance of those 
opinions, when called upon to do so. I do not feel that I 
have been sent here, as a representative to assert whether the 
Constitntionnl right of secessioii, did or did not exist. As 
hzii been said of Billy Pringle's pig — so it may be of secession 
■ — when it lived, it lived in clover, and when it died, it died all 
over— or rather, I would say — when it lived, it lived, and when 
it died, it died a bnbble. We have been sent here to harmon- 
ize our reb.'t'oirs with the Federal Government — would it not 
also be politic to harraonize onr own people, when we have an 
opportunity ? The action advocated by some gentlemen, is, 
as lias been said — putting the seal of coridemnation on the 
action of l\onest and respectable men, declaring that the^^ were 
revolutionists, transcending their power. I do not see the 
necessity of doing this ; nor do I believe that we have been 
convened here for tlie par].>ose of passing upon that question. 

This Ordinance of Secession, is regarded in the 63^0 of all, 
as mere rnljbish upon the statute book, and the only question 
is — in what manner shall we dispose of it — shall we notice it 
at all ? I want it distinctly understood, that, although I be- 
lieve there never did, and does not exist, a Constitutional 
right of seces.sion — any vote, I may cast here on this subject, 
will be a mere expression of individual opinion. If, however. 



19 ) ]M;()(;]':!':i)iX(rS a^nd i^k:iyiY6 i^ the 

"\ve uj-e to dispose of this ordinniice, let iis do it in siicli aiiiau- 
iier, as to oaiise tlic ^aTcatest ^^-ood iVeliiJO-, iiridliarioony ainoiig 
ourselves. 

Ill 1S5L a ('oin-eiitioii oi' tlit d;de^-ateo of tlie people of 
Mississip'pi, declared tliat do >iieJi idudit exi-^ted ; iviiilc in 1861, 
another (Convention of dtdegates, eiioscn Jw tjie people, and 
with ex])ressed referenee to tins i.'iie point, declared the oppo- 
site doctrine to be the true |Viiriciplo, It is then the right of 
the people, tlirough their delegates, sent to assert at various 
times, the opinion of the people ; but now there is no necessity 
of this Convention, annoiincing an opinion, one way or the 
other. That being the case,, can we not harmonize our own 
people, and bring oi; ■ nto one common brotherhood, by 

pronouncing the Old ., . -f Secession, repealed and abro- 
gated. I beg that in the name of common . brotherhood and 
humanity, nothing shall be done hj this Convention, to reflect, 
even inferentially, pain upon the honesey, v/isdorn and integrity 
of those who have preceded us, la action on this question. 

Mr. Harrison, of Lowndes, — Mr. President : I move to 
strike out the word "abrogated," ^id insert instead the words, 
•• declared to be of no force a.:. 1 ,_:;:,;:,.•' 

I hold the word " repeal," to be proper, for it is unques- 
tionably the word always used by the law books in questions 
of this kind, and is used in both the Minority and Majority 
Reports. 

I do not agree entirely with the report of the majority of 
that committee. They don^'t propose to repeal the Ordinance 
of Sacession at all, out gimply cxpiess the opinion that it 
was mill and void. As T >-^-^''- ..' ~, t' C^i-emment is 
divided into three gran ' .ati'^e, ex- 

ecutive and judicial,' I^ .^ ^ ..^L. ^ I'c branch 

— whether assembled lu cc cr mere 1 ,/L-hujie — to 

pass laws; it is the pail of o^o ^j. .u^ to |_jienoaiice iipon the 
legality ^f f'lose laws , but wiiat Is done hcic ? In the report 

, 1 1 « latioii to 

« ^i <i [jjii on 

^ ^b 

' y 

kSha.hcj, oar 

oiaent 

^^jl upon 

.iiied to be 

i .<,nd pi0\^ed 

i^ upuiA your 

1 ^ ,aiid In "n hat 

^ VT^ lecve this Otdinanee 

\ ojsi ooiiiion, the m^tte is 



of the ?1. Jority c 


i u 


tne great ^^ ^-'' 


2 


u ''■ • '.'' 




1 ' 

0'^f\ ( > 




It I I ^ ^ ' 




JVovi < 




of the I . 




the snhj<^ 


i J- tl 


Iqs^'A — u 1 


-^ "I . . ..., 


[O^h— ^ 


1 


sh^M^ - S . 


u -^ 


:i dilenn do we 


pLTwC o "Tcelve^ 


1') stind, no.v!} 


dec!".iUkg thrt, i 



MISSISSIPPI COXSTITUTJONAL ('(■)N\'1-;X'J lOX. 197 

^' mill and ^-oid."' Wo will not imdertnke to repeal it. I 
hold tliat of all the laws in tlie woi-Jd, vre on^-ht t(.) ;'e[)eal this 
uneonstitutioiial (ji'diiiaiice. and not a.llow it t') ,-tand U]joii 
om' statute lioolv ais, jircsKiiKihlij the law of the land; but 
iPisist that the lanonaoe wiiieli I iuive just used, is the appro. 
l)riate mode of ex})ression. I hold, therefore, that it is 
iiecessarv, and hecomino-, and proper in us to repeal tills 
Ordinance, a]id not allow it longer to remain, for good or 
evil ; a.nd I tJiinlv tliat gentlemen wlio cannot stand by tlie 
langiuige whicli I have suggested for the disposition of tiie 
f)rdinance, must be exceeding^ teclmical upon the words 
" null a.nd void." This language does not import that that 
was the case, but the expression is so general as to offend no 
one — giving no definite opinion at ail. I do not hold that 
because we say the Ordinance is repealed, and then say it is 
«)f no legal force .and effect, that it is Constitutional and has 
legal force as such ; but I hold that the word " repeal" is the 
proper one for the abrogation of both constitutional and im- 
eonstitutional enactments, I think, then, that we could all 
fairly stand upon that. 

In the case of the proposed amendment " to amend the 
Constitution of the State of Mississippi, in certain particu- 
lars," the Committee proposes merely to repeal it, and not 
<'.onsider it null and void. Several other amendments are 
then proposed, to be effected through the use of the same 
language. I ask, then, why these distinctions are drawn, and 
why the Ordinance of Secession is declared " null and void," 
v/hen the word " repeal," is used in connection with the abro- 
gation of other acts ? Most unquestionably tliese last were 
intended to carry out the end, object and aim the parties 
passing the Ordinance of the ninth day ot January, had in 
view ; and so in regard to certain other ordinances v/hich 
follow those I have referred to. I hold it to be clear that if 
these ordinances are bad in part, the;/ are so as a whole, aiid 
that they must all stand or Ml together. I shall, therefore 
move, at the proper time instead of adopting either of 
these reports, to repeal all these Ordin;-"""' - ' -•--■>r^ fa 
general terras, that not onh,^ is the Ordi-i: '' .^'lion 

repealed, but to include all the rest, becarco, i" t'^e ;^rigiiial 
Ordinance- is void, I cannot see how the others are to be bus- 
tained, and I am not willing to declare the principal one "null 
and void," while repealing the others: when we say they are 
■k-epeaUd^ we do not commit ourselves as to wliether the;/ v/ere 
constitutional or unconstitutional, but say that reasons exist 
to satisf}'- this Convention of the propriety of striking them 
from the statute book. 

To avoid any difficulty, I propose to insert words declar- 
ing all these Ordinances to bo of no force or effect. I desire 



198 PROGKEDIXGS AND DEBATES IN THE 

harmony, fuid that in relation to overy .sn])ject eon.iino- before 
this Convention, we may act together. 

Mr. Johnson, of Marshall : So far as 1 am eoncernecL 
Mr. President. I accept the jn'oposed amendment with a threat 
deal of pleasure, and thank the gentleman for his suggestion. 

Mr. Martin, of Adams — Mr. President :: — If anything has 
been settled by the war, from which we have just emerged, it 
seems to me, tliat the doctrine of secession certainly has been. 
I opposed it, with all my energy, in 1851 ; and in 18()0, opposed 
it with such pertinacity, that I was accused of being unfaithful 
to the South, and not fit to l)e trusted. I was sincere, for I be- 
lieved, tliat a Government of States, held together only b\' 
such a ''rope of sand," as many of our politicians represented 
the Constitution of the United States to l^e. would not ])v 
worth preserving. 

Tlie right of secession is antagonistic to the true theory ot 
our Government. It does not — it ought not to exist. It was 
disputed in argument — and if it ever had an existence, it per- 
ished in the clash of arms. There is, however, a remedy left 
us, against oppression and wrong — in those who hold the reins 
of power. It rests in the exercise of that right which (con- 
stitutions do not give, and cannot take away — the right ot 
Revolution. I would have nothing to do with that kind oi 
revolution, called secession. Sir : in the future, if secession 
should again be pro])Osed, as a jHjaceahh and Coiistliuilonal 
remedy, as it was in 1860, let no sad mistake be made, but let 
lis all understand that it means revolution, war, exposure, dis- 
ease and death; that it means destitution and want; half ra- 
tions, and no rations at all ; that it means long, weary marches, 
by day and by night ; all the hazards and privations of the 
camp and Held; that it means the risk of property and health, 
aud the exposure of all that w^e hold dear, to the chances ot 
war. Such risks have no terrors to appal the man, who is 
determined to be free. Never again, may it hapj)en, that anj- 
of our people, shall rise in armed resist^ince to the Government, 
till, as one ruan — knowing all, daring all— they sternly resolve, 
that war, witii all its dread concomitaiits, is better than sub- 
mission to the wrongs they sutfer ! Then, when all who en- 
gage in the struggle, offer upon the altar of patilotism, ease, 
comfort, w^ealth and life itself — resistance will be crowned with 
success, and tyranny be rebuked. 

The Ordinance of Secession, was an act of re\'()lution. As 
such alone, I was willing to light, to sustain it. When the 
war of sections ])egan, all my sympathies were with the South. 
Here I was born, of parents of Southern birth. There is no 
blood in my viens derived from a Northern source. Four 
generations of my fathers lived and died slaveholders. I be- 
lieved the netrro \vas intended to be a slave. I did not hesitate 



MISSISSIPPI COXSTITUTIOisrAL COXTEXTIOX, 199 

t<j join my people in arms ; Init I did it, knowing that I was 
aiding an attempted revolution ; and was risking all I had, and 
making me and mine liable to all tlie evils that war could 
inflict. 

I trust that the Government may be so administered that 
rebellion may never again be necessaiy. But if its exactions, 
its insults or t3a'ann3^, should demand of us, to take our lives 
in our hands, and risk them, and all else besides, rather than 
submit to w^rongs that freemen cannot bear, I do earnestly 
hope, that none of those Avho would persuade me to resistance, 
may fail me in the hour of need; or may attack me in rear, by- 
discord, by dissention, by unmanly complaints, l)y speculation, 
and by acts and words of selfishness and discoin-agement, 
W'hile I am lighting the enem}^ in front. 

It is dangerous to entertain the idea, that in one Govern- 
ment, there can be such a thing as peaceabk' si-cession. It is 
as dangei'ous in Government, as in marriage relations. It 
would invite dissolution, and cherish discord. It is dajigerous, 
because men were deceived by it, in the fearful ordeal though 
which we have passed. If I had ever entertained it, this w-ar 
would have eradicated it. When, after four years of active 
service, in the field ; after our depleted armies, had performed 
prodigies of valor ; and call after call was made in vain, for 
men to fill tlie^thinned and exhausted ranks ; in the saddest 
liour of m;y life, I, with others, w^as called to surrender. That 
wiiich stung me most, was the reflection, that I had risked and 
lost all, save honor, in a contest, not inaugurated by my as- 
sistance, from which so many thousands Avere absent, who 
had recommended i\\Q peaceable right of secession. If we had 
been wise, we might have forseen the consequences of repre- 
senting that any dissolution could be peaceful. When tliQ 
w^ar actually l^egan. and the stern reality was felt, it v\-as seen, 
that the "t3eo])le w^ere not prepared for.it. Then we heard it 
said: '-we were told tliat secession was 9. peacealle remedy, 
and that all vf ouid l)e well, if we would but assert one of our 
reserved rights.'' Let us, sir, look to it, that no such mistake 
be made in future ; mistakes to be atoned for in want, humilia- 
tion and sorrow. 

In the midst of our late conflicts ; even when A'ictory perched 
upon the Confederate l)anner — for we had our days of triumph 
— there wxre many among the most sanguine, to W'hom these 
questions presented tliemselves : '"what is it at last, that we 
fight for ?" If, after so much sacrifice of treasure and of life, 
we are successful in maintaining our independence, will our 
Government be one to i)rotect us permanentl}' in the enjoy- 
ment of life, liberty and property" ? Or will it soon be wrecked, 
since its Constitution, by affirming the right of secession, pro- 
vides for its dissolution ?" We can now only speculate upon 



200 j'nO(i-:Ri)iX(;s and 1)1-:!5Ati:< ix 'ih!-: 

whiit would Imvc iuHMi tlu* iH-suli. As i'or iii\',se'lt', I ucA'cr 
could retlcc-t iijjoii tlmt cinusc in the (\)i)fe<1(M'nte Constitution 
T^'ithout dis(iuit,'tnd('. 

I did liot int(.'iid to cntc]' into ;in ni'i»-iniU'nt upon the ques- 
tion. It recent events lun'e not ai'ijued ;ind settled it, I may 
well be silent. 

The questions lii'owino' (^nt of slaveiT, ai'e now passed be- 
yond discussion in this nssein])ly. In my estimation, tlie mat- 
ter now before us. far transcends in imi)ortance, all others we 
may properly consider-. If we sincej'ely desire to restore, 
fully au<l completely, (tur relations with the Federal (roAern- 
ment, :uid to make our Union peaceful and permanent, there 
is no act by which we can so well nnuiifest that sincerity — oi" 
that will oo so tar in convincing- all men that we are in eai'iiest 
in what we are doinu' — and that there is no lurking' intention, 
to violate our pledues, as by solennily declarino- onr convic- 
tion, that there is no such Constitutional i'iL>ht — no such re- 
served rio-ht, a^ that of Secession. 

Mr. ]>AKn, of Lafayette, — ^ir. President: — I desire to otler 
a word of explanation. 

I did not state that I, myself, ])elie\'ed secession t<j be a 
reserved rio-ht under the (Constitution of the United States, 
or that I did //o/ believe it to l.)e. As 1 made no such (jues- 
tion, I do not now deem it im])ortant that this liody siioubl 
know my Adews npon that subject. I merely spoke to the 
propriety of nsino- the words ''null and void/' hi this Ordi- 
nance, under all the circumstances : I intended, Sir, to say. 
that by the nse of those words in that document, the direct 
question fras raised as to whether it was a reser^'ed right or 
not. I meant to say, that in no sense did I belicAT the Ordi- 
Mance to be a '' nullity." 3{anifestly, if it is a reserved 
right, the Ordinance is not a, inillity ; if it it is not a reserved 
riglit — why, then, what is the Ordinance of Secession? What 
was the object and ])iu'pose ol* that Ordinance V It was to 
divorce the State of Mississippi from the Government of the 
United States, and assume her inde])e,ndent, sovereign posi- 
tion — the same as she occupied — and the same as the old 
States occupied, before they entered into the compact called 
the Constitution of the United States. It was, to all intents 
and pnrposes, the same, in etfect as the Declaration of Inde- 
pendence declared by our ancestors, when they proposed to 
cut loose from the Government of Great Britain; and I 
insist that wdiether Secession be regarded as a reserved right 
or not — wdiether it be a truth or not — that Ordinance stands 
here as a solemn declaration on the part of Mississippi, to 
divorce herself from the Government of the United States, 
and assert her independence. Then, what does it amount to? 
It amounts to nothing more or less than a simple declaration 



MISSIS^^IPPI CONSTITLnTOXAL COXVEXTIOX. 20l 

OB the part of Missis?i|>iii, whov(4)y a rovolntio:] vras iiiaiigu- 
rateci How could the revolution have conmieiiced. without 
.some action oil the part of the State? Can it ]3e supjjosed. 
Sir, that we would have spontaneously got together and taken 
up arms against the Government of the United States, with- 
out any Convention, without any consultation, or without any 
solemn declaration, like that contained in the Ordinance of 
the ninth of January, JSGl? No sucli thing ever (fid occur 
in the history of a civilize(.| people. I'hen^ must liave Ijeen 
some form of r>roceeding by wliich the revoluti')]) ^vas inau- 
gurated ; and if gentlemen deny the right of Secession, here 
stands a Convention of the people of Mississippi — a consul- 
tation of th(^ people together — the ]-esult of which is a 
Bolemn declaration by which tliey undertook to divorce them- 
selves from the Government of tlie United States, and set up 
their independence. What is that but a Declai'ation of Inde- 
pendence ? and vv'hat is that but a revolutionary actV and wdiat 
is that but a solemn act ])y which the State undertook to inan- 
gurate a revolution V 77^ /.v Ordinance does raise the direct 
question as to whether the right of Secession exists, which I 
desire to avoid. There are irreconcilable differences of 
opinion among our people, but I ])elieve no man will endeavor 
to strive for that right — tor, by the sword, tlie <]uestion lias 
been decided against us. AH parties kiiow wliat those who 
believe in the right of Secession must expect, if they under- 
take to exercise that right, and I do not have any idea that 
any party vv'ill attempt to again exercise that right. 

While I declare that the language used by the Committee 
does raise the direct question as to the right of Secession, I, 
at the same time, contend that the irse of the word '^ repeal," 
does not do so, because that is the ap])ropriate and peculiar 
phraseology of legislative liodies. — for I insist that this is a, 
body — legislative in its cliaractcr, (thoiigli not a legislature,) 
und that it is not to occu})y any other cJiai-acter. It is not 
li judiciary bod}' — but those words, ''null and void," are 
peculiar to Courts. 

If tliis Minority 'Ordinance is passed, no (juestions will 
arise as to whether that Ordinance of Secession is a nullity 
or a right, because in the history of legislation, in every 
country, the word "repeaU has l)een invariably applied to 
abrogating an enactment confessedly unconstitutional. It 
was applied to the Missouri Compromise Act, which the 
Supreme Court decided to be unconstitutional, and that was 
the reason why it was so applied. Therefore I say that no 
inference can arise that, by using this word, we mean to say 
that the Ordinance of the ninth of January, 1861, was legal 
and valid. 

The adoption of this word •' repeal," commends itself, 



'20 > PROCEEDINGS AND DEBATES IX THE 

it seems to me, to tliis l)Oc]y, beeause "vve tliereby eseape 
all controvers}' between those ivho believe in the right of 
secession and those who deny that siieh a right exists. We 
should strive to avoid the raising of any asperity in the minds 
of the people of this State, because in our present condition 
we have no strength to expend — and we should act in such a 
manner as to ensure harmony of action in our efforts to res- 
tore ourselves to our civil privileges. It seems to me that 
the Ordinance reported by the minority of the committee 
does not raise any question, and that the adoption thereof, 
will have the desired effect to which I have just alluded, as 
beino- so essentiallv necessarv in the ])resent condition of this 
State. 

3Ju. Stoxe, of Copiah, — Mr. President : I I'egret ex- 
ceedingly that the report of the Committee should not have 
been couched in such terms as this Convention could have 
luianimously accepted, and as would have avoided the possi- 
l)ility of the spread of crimination and recrimination througli- 
out the land. I was in hopes that some plan miglit be 
adopted by which the Ordinance of Secession might be re- 
pealed, or stricken •trom the statute book, so that every man 
might be left to enjoy his own opinion in regard to the con- 
stitutionality or miconstitutionality of that enactment. I 
believe that a State can never he guilty of rebellion, and that 
rebellion exists in a different form of government from that 
of a republican one : but the fact is that a Secession took 
place, which I think might probablj' l)e possible. 

I can well anticipate what will be the result of this debate 
here, and the result of the adoption of that report of the 
Committee which purports to be the Majority Eeport ; for I 
underfo<fend the vote stood seven to seven, and that the chair- 
man had the casting A'ote, so that there was but little dif- 
f^u rv;e of opi:-ir.-, . Now, I agree with the gentieman fi'om 
Yazoo, [Mr. Hudson] that we should do nothhig here which 
would ha^'e a tendency to keep alive anything of rancor in 
the community among whicli differences of opinion prevail 
in regard to the right of Secession ; ]jut that in regard to 
this matter the Convention should stand to by -its action, 
and ensure harmony among the people of this State. 

I wish to say a word upon another subject avIucIi I deem 
very important. Gentlemen talk about .rebellion and seces- 
sion. What is the difference? Whichever term yve may 
choose Lo adopt, the action was inaugurated by one piece of 
])aper first, and results in the same thing. The document 
was harmless up to the point that the clash of arms took 
place. War was the result, and the people of this State, 
almost unanimousl}', (so far as I know) went into that rebel- 
lion, secession, or war, and fought it out bravely. 



MISSISSIPPI CONiTIfU'ilOXAL CONTENTION. 203 

I regret to hear so miicli said about rebellion. If I under- 
stand anything to be a principle of law, it is this : That a 
rebellion, although at first it may not be greater in force than 
is a cloud in appearance as large as one's hand, if it rises to 
that magnitude and becomes such in its dimensions that it 
requires the opposing party to acknowledge tlie rights and 
civilities of war, if that pseudo rebellion arises among one 
people, then it is called a civil wur^ and all those engaged are 
l)clligerents. Was our late struggle a civil war ? I call it 
so, and one of gigantic magiiitude. Holding this principle, 
T wash to call the attention of gentlemen to the fact that there 
iire thousands of Mississippians now absent from this Sta,te, 
who have been driven from their homes into exile. Now, if 
we were in rebellion, whenever these put their feet upon the 
soil of Mississippi, or of the United States, they are to be 
treated as traitors and liable to the penalty of treason, which 
is death. I wish to avoid this dreadful consequence by de- 
claring our late contest a civil war, and viewing it as carried 
on between two independent nations. According to ail law 
writers, it wai^ not a rebellion, but a war, conducted as if 
l)etween foreign nationalities, on account of the exchange of 
prisoners, the cartel, and the flag of truce were acknowledged, 
riind as can onl}- l)e the case in such a war, and which, upon 
the establishment of this principle depends the life of Jeffer- 
son Davis, and the lives of hundreds and hundreds of Mis- 
sissippians who were forced to abandon all in the State of 
their birth, and are now absent from it. Shall we, at home, 
who have had mercy extended to us, who have taken t-he 
amnesty oath, and who are assembled here to-day, adopt a 
proposition which will hang every one of our former citizens 
at present sojourning in other countries:?? I do not think we 
ought so to do. Let rebellion, secession, and everything oif 
that Idnd gr^ to th.e dogs, and assume the position which the 
"Federal Government has already sirtually assumed,— that we 
were engaged in a civil war, and it cannot assume this posi- 
tion for one purpose, and deny it for another ; and although 
it does so, I sujjpose, in order to bring about the very thing 
we are here assembled to do, I do not believe that when the 
question comes up for trial, that even Chase himself will 
■<lare to assert that right. When Mr. Davis, and those other 
■individuals now in prison, are tried under the laws of the 
land, I desire no better opportunity for the salvation of their 
lives, than that t^iey be tried in the ciTil courts of 
"the coiuitry. The Court will then instruct the jury that they 
are to be governed by the law that insists we were engaged 
in a civil war, and are now entitled to all the amenities and 
X^rivileges of those thus engaged. I therefore hope this idea 
■of secession and rebellion will be thrown aside, for thi.^ 
14 



204 rK<>ch:F:Di>iu8 and j^kbates in TirE 

Convention has nothing to do with it, and that wo will take 
tmch measures as will protect our citizens in future, wherever 
they may be. In New Orleans, a few weeks ago, an individ- 
ual was brought before a civil magistrate, charged with 
murder, in having shot several deserters from the Confede- 
rate service. It was proved that he had a commission from. 
the Confederate Government, to arrest and punish the men 
in question, and therefore the Judge, deciding that we had 
established a government de facto, permitted the man to go 
scot free. When the Courts have, according to the law, thus 
decided the principle, shall we, by our action, consign hun 
dreds of our fellow citizens to felon's graves ? I wish to 
hear no such doctrine talked here ! 

Let us then not do any act which will again enkindle feel- 
ings of animosity and hatred among this people. Whatever 
action we may take in regard to this question, will not aftect 
our relations with the Federal Oovernment, for we have al- 
ready accomplished the object for the performance of w^hich 
we were assembled. I therefore hope that the amendment 
offered by the gentleman from Lowndes, (Mr. Harrison] will 
prevail, as I see nothing in it casting any imputation upon 
any one, while it leaves every individual, whether secession- 
ist or anti- secessionist, to form his own opinion upon the 
whole matter, 

Mk. Petton, of Copiah, — Mr. President: — 1 did not 
intend to enter Into the debate upon tills matt^'r, but the re- 
marks which fell from the lips of my colleague, [Mr. Stone] 
make it proper that I should express my views on this sub- 
ject. 

One would infer from the remarks of the gentleman, that 
the action of this Convention would affect the condition of 
pemons now in duress, under the authority of the United 
States. The question of our having had a de facto Govem- 
ment, is not that now before the Convention, but it isy 
■whether the act of Secession was a valid, constitutional tict, 
or whether it was void, without any reference to the result 
of the war. 

Now I have long since concluded to follow my own views 
of right and wrong, without reference to anything my con- 
stituents may think, and I take the responsibility of saying 
that I do not believe that act was valid, and that there was 
no authority under the laws of the United States recognizing 
the right of the secession of a State from the Union. I shall, 
tiierefore, cast my vote against recognizing, in any shape or 
form, the validity of that Ordinance. If the principle of 
Secession was incorporated in the Constitution of the Con- 
federate States, it would have been a misfortune for us to hare 
succeeded, for then the Constitution contained within itself h^ 



gem of its own destruction. 1 cannot, therefore, but believe 
that in endeavoring to secure a recognitiou of our former 
political and civil rights here, we sliould say that that polit- 
ical heresy has not and never had any validity in the State of 
Mississip]^. I wish the record of this Convention to show 
that we entertain the opinion that the Ordinance of Secession 
was void — not on account of the result of the war or revo- 
lution, but ab initio. ' I believe that the word " repeal," v/ould 
intimate that it had, at some period, validity, and I think 
that the fact of oar entertaining that idea would prejudice 
our cause at Washington, forming as it would a pretence on 
the part of the Republican party, f<>r our exclusion from 
Congress. 

In regard to a rebellion being a civil war, — that word 
*' peaceable" Secession, was v/hat took with the masses of the 
people, and if they had supposed that our separation was to 
have been followed by vfar, there would not have been a 
coiporal's guard to have voted for it ; but they were made U> 
believe that it was a legal, constitutional riglit, and were 
delighted at being freed from '• Yankees." But immeciiately 
afterwards, came the conscript laws, and then I dare savtliere 
was not a corporal's guard who, — in the county where I 
reside, — ^^YOuld have voted for this same Scces.ncm. Thougly 
believing at all times that there is a riglit of revolution v^hen- 
ever a government becomes unreasonably oppressive,- — 
whether the Constitution recognized that doctrine or not, J 
have, therefore, no doubt that my vote will represent their 
sentiments as well as my own, although I have had no gene- 
ral discussion with my constituents on the su))jcct. I })clieve 
that the people elected their delegates to this (-onvention, 
with reference to t^eir inte.oTity, nidgnient, intelligence and 
manly character, trusting to tlieir v/isdom, and believing that 
til Gy would stand UT) for and maintain their rights as far as 
possible. I. apprehend that my constituents v,dll not com- 
plain therefore of any vote T have or inay cast in this Con- 
vention. 

Mr. Hall, of Covington, — Mr. President : — I only wish 
to state that I shall vote against the report of the Minority. 
I believe, and do now believe, that Secession was a nullity, — 
unconstitutional. I look upon it as a grievous sore which 
has afflicted, incalculably, the people, and I am not now in 
favor of applying any emoluments. I shall therefore vote 
for the Report of the Committee of Fifteen, and in so doing 
I feel that I assume no responsibility, but am willing to 
ajQSwer to my constituents for what I do in the premises. In 
1S61, they were all Secessionists, — made so hy politicians, 
who told them that Secession was to be j^eaceahle^ and that it 
was a constitutional remedy ; but the results of tins war 



1306 PliOCEEDINGS AND DEBATES IN THE 

liave convinced them of the error of their views, and I 
have no doubt that they will sustain ine in my action. 

Mr. Houston, of Monroe, — Mr. President: — There is a 
discussion, it seems, in regard to what all parties might come 
together on. I do not understand that the Ordinance, as 
proposed by the Committee, undertakes to say that the Ordi- 
nance of Secession of the ninth of January, 1861, w^as null 
and void, af that time, liut only that at this time, it is so. 
Now, sir, if a statute passed by the Legislature was regarded 
as being illegal and unconstitutional, and we should apply to 
the courts for tlic i)urpose of establishing the fact that it was 
unconstitutional, and the coui-ts should determine that such 
was the fact, then that w^ould be null and void, because of 
that decision. In ancient times there were two modes of 
appeal : one Avas Ijy appeal to the law of the country, — while 
the other was by an appeal to arms. One was by wager of 
law ; the other was by wager of. battle. Nov/ v:e agree that 
if this Ordinance of Secession had gone before the courts, 
and they had declared it to have jjeen null and void, it would 
so stand here to-day. In this case, however, we did not ap- 
peal to the law, but to a different arbitrator — ^to a different 
party — to adjudicate this cjuestion, and that party was the 
bayonet and the sword. What has been the result ? What 
was the question at issue? If we had a legal and constitu- 
tional right to secede, then the other party, the Government 
of the United States, had no power and no right, — no con- 
-^titutional j)Ower, — to force us back. But we appealed to a 
different ari)itrator, as I have said, and the question was 
t*lecided against us. Therefore, I contend that that Ordinance 
*>f Secession — the question at issue — ^lias been declared, by 
the highest arbitrator known to man, to be null and void- 
The Committee saysthnt this Ordinance 'Ms hereby declared 
to bo null and void." Not tliat it was null and void from tlie 
time it was passed or attempted to be ]}assed, but that now, 
at t'lis time,^ it Is '■ null and v ^id.'' I": has been rendered so 
bv the clash of arms, hy the disastrous w-ar we have just 
]jassed through, and whatever we may say to the contrary, 
this is tlie fact, and we may as well so declare it. 

Gentlemen think w^e are attempting to stultify the Conven- 
tion that met in 1861, by the action we are about to take in 
d.eclariua- that this Ordinance is now " null and void." There 
are one of two things I have to do here to-day, as a delegate 
to this Convention". I shall have to stultify myself and the 
former course which I have pursued in reference to this 
question, or I have to say that the action taken by the Con- 
vention of 1861, was wrong, and that its action is "null and 
void." The large majority of this House stand in the same 
position I do. " From the votes heretofore given, I come to 



MlSSlsnPPI CONSTITUTIOXAL CONVENTION. 207 

the conclusion that nearly half of this House agree, -^vith me, 
that the right of Secession was not a right that could be or 
can "be exercised under the Constitution. 

Suppose we pass from the substitute offered by the gentle- 
man from Lafayette, [Mr. Barr] to the substitute offered by 
the gentleman from Lowndes, [Mr. Harrison] which recog- 
nizes the fact that the Ordiuance of Secession had some 
binding force and efncacy. What do we mean by repealing a 
law or act ? To set aside that which had some existence, 
force, validity and efficacy, and not something a nullity in 
itself. In 1851, I withdrew from my then party, because of 
its views and feelings upon this subject, although I occa- 
sionally voted perhaps, for its candidates, believing them to 
be the best men ! For ten, long years, I suffered before this 
Secession took place. I fought the question, which I believed 
to be a political heresy, and after these five years of disas- 
trous war, shall I say that Secession was a constitutional 
remedy, or that the Ordinance had force and validity at the 
time it was passed, and aftervvards? I see no sufficient 
ground on which to change my course. 

But it said that we must seek to mollify and save the feel- 
ings of gentlemen w^ho liappened to be iri tliat C/onvention. 
But, let me ask, where is the necessity, because I entertain 
different political views from gentlemen wdio might hav<.^ 
been in that Convention, — w^here is the necessity for au}^ ill- 
feeling to exist bet^veen us on that question ? I sliould regret 
the existence of such ill-feeliug as much as any man, l)ut my 
duty is to the Constitution of the United States, and the State 
of Mississippi, first, and then to myself, my constituenc^y and 
my own heart ; and if I regard either of these considera- 
tions, I shall vote for the Report of the Majority. 

The gentleman from Copiah says that if we pass this Ordi- 
nance, saying that the Ordinance of Secession is "null and 
void," we place those who may not wish to come under the 
Amnesty Proclamation of the President, in a condition of 
suffering. / do not so understand it^ — for two reasons. The 
first is one which I presume the gentleman himself will recog- 
nize, and he has in fact given it himself, — tliat when a revolu- 
tion assumes sucli a proportion as this dif3, it is regarded as 
being a tenitorial war, rather than as a mere rc^'olution, and 
men are not tlien regarded as traitors. — when the parties are 
compelled to recognize the rights of men as due to each 
other, (as the exchange of prisoners, and all those other cour- 
tesies which are extended by the Ijelligerent parties of one 
nation to those of the opposing nation. ) Whenever a revolu- 
tion becomes so majestic as that, the parties engaged tlierein 
cease to be traitors to the country with wliie}! they nre en- 
gaged in war. 



208 I'KOCEEDLN GS A^■^) DEBATES IfV' THE 

■ What is the other reason V Is it to l)e supposed that— af- 
ter the United States Government (certainly in its executive 
and its legislative, if not in its judicial department), has, 
durina: the whole of this war, recomiized this as nothins;' else 
than a rebellion, and the Act of Secession as a mere nullity,— 
that they did not reScct the sentiment of their whole people, 
and that they will not, — when there is so inuch division 
among ourselves, unite on this subject ? 

Do not the courts of the country entertain the same views 
that the politicians and statesmen do ? If they do, they are 
not going to regard the mere fact that we recognize this as 
having validity and force, or that it ever had ; they will not 
be governed hy this at all, but by their views of law, preju- 
diced though they may be on the one side or the other. — 
Therefore the passage of this Ordinance will have no effect 
so far as those who may be prosecuted for treason are inter- 
ested, and I regard that as one of the v.^eakest of all argu- 
ments for the purpose of trying to enforce the passage of the 
amendm.ents which have been offered. 

As I said before, there are but two courses for me to pursue, 
and I must vote conscientiously on the question, and cannot 
stultify myself after eo many long years of settled opinion 
on this question, simply for the purpose of preventing asper- 
ities and feeling where there is no necessity or cause, for them 
on the part of those gentlemen who do not agree with the 
vote I may cast. 

Mr. Watson, of Marshall — Mr. President : I somewhat 
regret t^ic debate that has occurred here, and was sorry to 
discover that there were so many matters upon which there 
seemed to be diiTercnt opinions on the part of members of 
this body. I hope that the amendment just proposed as a 
substitute for both the Majority and Minority Eepoits, may 
meet with general approbation. » 

It asserts that the Ordinance of Secession, and the other 
ordinances., and acts of the (jonvention, by which the Ordi- 
nance of Secession %vas passed, were without constitutional 
authority, ^ow, Sir, this was the opinion then entertained, 
and it is now entertained hy all who do not recognize the 
right of secession as a constitutional right, or as a right 
paramount to the Constitution — if you please. This amend- 
ment declares that opinion in the mildest form that could be 
adopted, and in a form v/hich, I hope, will be deemed by no 
one as intended to be offensive, and which cannot be offensive ■ 
to the sensibilities of any gentleman. 

It is conceded, on .all hands, that no one now believes that 
the right of Secession is an existing, vital, living right. The 
decision has been made by the bayonet, and our people are 
acquiescing in that decision. I shall support this amend- 



MlSSISSIfPI C-TiNSTTTUTIONAL CON VEZiTIOlSf . 209 

raent, beciiiise I never did entertain the opinion that Seces- 
sion was otherwise than in conflict with the Constitution of 
the United States. I am willing, therefore, to declare that it 
Avas in conflict with the Constitution of the United States, 
and without constitutional validity; and that, therefore, I 
am in favor of its repeal. That leaves, imtonched, the Gov- 
ernment, de facto^ that was the consequence o( that Ordi- 
nance of Secession, and all the various acts of that Govern- 
ment, so lar as they may have validity or effect upon any 
ground or principle whatever — let them remain untouched. 
I think, Sir, that there is a disposition upon the part of the 
people at large, to exercise towards each other every possible 
degree of consideration and kindness. "We all desire tran- 
quility and repose, and it is to be deprecated if anything like 
evil grows out of the discussion of this body, or if the mem- 
bers of this body act otherwise than under the influence of 
mutual kindness and good will. We all desire that mere 
party feeling may not again rear its head within the limits of 
this State. 

I hope, therefore, that the amendment may prevail. 

Mk. Matthews, of Panola — Mr. President: I will only 
trespass upon the attention of this body for a few minutes : 

It seems to me that the amendment of the gentleman from 
Marshall, [Mr. Trotter] expresses an opinion, if anything 
does, as to the constitutional power or right of the Conven- 
tion here assembled, that passed the Ordinance of Secession. 
I see no real propriety in asserting that it had, or had not, the 
right. It did pass it, and passed it with a unanimity rarely 
expressed in the history of our conntrj^ Of the gentlemen 
of trie Convention, here before me, I notice some delegates 
who voted for that*Ordinance ; a little further on, and I see 
the name of every solitary delegate signed to it, except one. 
It does, then, look to me, as if they were honest, entertaining 
an opinion that they had to do this thing ; and there was not 
a man in the vv^hoie length and breadth of this country who 
raised a dissenting voice. It was not unusual to ^Tid a 
secessionist then. Yon could meet them on the corners of 
the street, on the highway, and, in short, every man one did 
meet, n^as a secessionist and revolutionist, and no one donbtetl 
the right or policy of the movement. I speak in general 
terms. It was a genenil manifestation of public sentiment; 
whereas, one would judge from what we hear to-day, that 
there was only a secessionist iiere and there, — that the inSu- 
ential men were leading the young men of the country astray, 
to shoulder their arms, and go into the strife of battle. 
Why, Sir, it was not so. I say that four out of every five 
of the delegates here to-day, if not in arms themselves, were 
stimulating their friends, and sons, and neighbors' sons to 



210 PROCKKDmOS ,\ND DEBATES TX TinC 

ii.nn. and go to the Held ! And uow, when everything Juin 
failed, why does any one shoulder olf the responsibility ? 
la looking over the names of the gentlemen who passed the 
Ordinance of Secession, I see among them many of the 
brightest minds in the Stiite — honored and trusted by the 
people of the State — and when, after mature deliberation, th(- 
acts of that Convention were placed before the people . 
scarcely a dissenting voice was raised against their adoption. 
I speak to men who know, and remember what took place 
live years ago, on this subject ! Hence, I regarded the whole 
action as that taken b}^ the entire State, by the people of tlie 
State, and I am now unwilling to come and cast a slur upon 
them by saying they had no constitutional riglit to do so. 
nMess there is some necessity for so doing. 

I am satisfied with the amendment proposed, and believe 
that it would help to harmonize the opinions of nearlj' ai{ 
gentlemen. I shall vote for it, with a great deal of i)leasure, 
and, I trust, that hereafter, all discussion may be short, and 
confined to the point equitably under consideration. 

Mk. Watsok, of Marshall — Mr. President : I am i)repHre(,l 
to vote, cordially and heartily for the amendment proposed 
by the gentleman from Hinds, [Mr. Yergei'] but had feared 
that perhaps there could not l)e found a majority who would 
take that ground. It vfould best accord witli my feehngs tC' 
do so, should a majority sustain me. 

Mr. Reynolds, of Tishomingo — Mr. President : The m;i- 
jority of the CJommittee would have reported in favor oi 
ajinexing to the amendment before us, the words, '-ab ini/io." 
hut it was thought hardly expedient, on the wliole. 

Whatever mau have been the opinion of some in regard to 
the right of a State to secede, they must, it seems to me, have 
been forced to the conclusion ]jy the result of the arbitration 
of ai-ms, that the Ordinance of Secession was void. Hence 
there is no ne<iessity for sensibility on the su])ject, for we 
may all agi-ee in regard to the facf tliat, whether by the force 
of arms or on account of the want of constitutional sanction, 
it is absolutely void. The Conimittee have compromised, but 
did not express the views of the majority of it, because, T 
believe, the majority agreed that tlie Ordinance was void from 
the commencement, so far as tlie Constitution is concerned. 
But, to express the ^icAvs of all, without offending the sensi- 
bilities of any, they agreed to insert the compromising words, 
" null and void." I shall, hence, vote for the original ordi- 
nance, believing those words to be tlie best possible to be 
used. 

It was very properly insisted that, even unconstitutional 
laws are repealed, and that legislative bodies use tliC word 
"repeal."' frequeutlv. in abrogating a law whicli tlie members. 



JiI,-SIS<irPI CON^'ilTUTloNAL < OXVE^^TIOX. 211 

think iinconstitiitional, and that the word ^'repeal," i.s the 
word used for that purpose. That is true : but no legislative 
"body would " repeal" a law tliat it believed it to l)e uncon- 
stitutional, and which the proper tribunal had declared to be 
imcoiistitutional. All its vitality is gone. Hence thie prin- 
ciple, that a law must remain a la^% until declared void 
"by the proper tribunal, does r.ot obtain here. The onl\- 
txibunal which could decide whether or not it was void or 
constitutional, wavS that to which we appealed, and that 
against us, " null and void." 

Mr. Niles, of Attala— Mr. President: I liave no ob- 
jection to the adoption of the amendment proposed ])y thie 
gentleman from Hinds, [Mr. Yerger] so far as I'egards its 
wording ; but it seems to me, that it declares, with one fell 
swoop, that the Convention was an illegally constituted body- 
and that because it passed the Ordinance of Secession, it was 
a millity of itself, and till its acts were null and A(.»id. It 
seems to me tha.b this is going too far — though not having 
examined, I cannot say how far those ordinances may be 
void. It appears to me that the Corivention was legally 
called and constituted, and that so far as their action was not 
repugnant to the Constitution of the United States, it ought 
not to be pronounced null and void. It seems to me that 
some of their acts might very properly be regarded as valid. 
The gentleman Irom Hinds, [Mr. Yerger] proposes to include 
nearly all of the ordinances in one fell swoop, and I merely 
call attention to the fact. For instance, here is an act "to 
regulate the rights of citizenship in the State of Mississippi."' 
and several others, which it seems to me there is no necessity 
of, or propriety in treating in this summ^ary nnanner. 

Mr. Goode, of Lawrence — Mr. Fi'esident : I have been 
listening anxiously to hear some gentleman advocate the 
report of the Majorit^y of the Committee, and the amendment 
of the substitute oflered by the gentleman from Hinds, [SIi'. 
Yerger] and to state, why it is necessary for this Convention 
to declare tiie Ordinance of S-ccossion " null and void." We 
certainly were not convened for that purpose, and I do not 
think it is necessary, in order to resume our status in the 
Union, that we should take that st<3p. I wish to ask what 
good is to result from declarhig it '-nuU and ^'oid." I can- 
not conceive any. If ■' null and void," it must be so declared. 
as I believe it has been in the Proclamation of the President 
of the United States, and as we have indirectly so declared, 
by providing for the election of State and County officers. 
\Yhy adopt an Ordinance declaring it so V It has struck me 
as being rather nndigniiiod for a Convention representing 
the people of the State of Mississippi, to declare the action 
of a previous Co]ivention also representing the people of 
Mississippi, ro be •'iirsli and void." 



1 was veiy much titruck with the remark that, whether it 
Avas a revolutionary movement, or claimed as a constitutional 
movoment, it did not matter. The Ordinance simply aasert-s 
the liict that she did secede, and resume her sovereignty as 
a Slate. This might be considered here merely as snch 
action as the State of Mexico would be — a3 a sort of pronun- 
ciamento of a revolutionary position- that the State assumed — 
a declaration of an intention not longer to submit to the 
Constitution and laws of the United States. The Ordinance 
of Secession v/as the first step in that revolution. It is not 
claimed in that ordinance that a constitutional right was 
exercised, but merely that the power of resuming State 
sovereignty was exercised. No assertion that it was, or was 
not uncoDstitutional, appears on t]iQ face of the Ordinance. 
The United States Goveramcnt, time and again, recognized 
the State of Mississippi as a do facto Government, and so in 
regard to the Confederate States. I will give one instance : 
Mr. Commissioner Browning, -in an early stage of the late 
revolution, announced, by authority, that in regard to tho 
confiscation of property of people in the rebel States — in the 
States then in a state of rebellion cr revolution — that the 
law of nations authorized the United States Government to 
treat them territorially — that the States had assumed the 
right, and had the power to enforce the people within their 
respective limits; that they were treated as States, and the 
-confiscation laws would be .eni*orced against the people v/ho 
inhabited those States, not as individuals, but as inhabitants 
of certain isrriiories' or tocalities — and a justification was 
claimed by public law. 

Mr. Lincoln, in his two Proclamations of emancipation de- 
clared that from and after a certain date, all the slaves in cer- 
tain States should be free — making certain exceptions. The 
slaves in Mississippi were inclu,ded and were declared to be 
free ; not the slaves of persons or individuals in the States in 
rebellion, that were disloyal, biit all the slaves in the State — 
Why was it that slaves of lo^-al persons who bad never com- 
mitted an act of treason, were declared free hj a Proclamation 
declared to be simply a war measure ? It was because he re- 
cognized the authority of the State of Mississippi over its cit- 
izens, when the State asserted its sovereignty by the action of 
the majority, the minority v/ere bound to be governed by the 
laws of thjit majority, for the reason that the majority had 
power to enforce, and did enforce those laws. So with the 
amnesty proclamation. It does not state that all those who had 
been disloyal, and want to be members of this Convention, 
should take this amnesty oath, but all most — whether in the 
rebellion or not ; whether disloyal or not. They lived in a 
dlsloval State, declared to be so by tho Ordinance of Seces- 



Mi-SISsil'Pf rnx>Tm:'ri<>NAi, rnvvFNTi- >v. 313 

^^iori. That orclmancc- wjis the act of a majority of the people 
of the; State, wlio had ])ower to ciiforeo, and did enforce laws. 
There was a general ac([niescence in the sovereignty of the 
Stat(=y^ and the riglit of the State, "when its will was properly 
expressed through its proper authority, its representatives — 
a right of the State to control the minority, which it did con- 
trol, it having all those attributes common to a government 
de facto. —- 

Suppose this ordinance is adopted as reported by the com- 
raittee. There were other matters before this Committee, 
which will come before the Convention. For instance: an or- 
dinance legalizing legislative, executive and judicial acts. If 
this Ordinance of Secession was null and void ; if the ordin- 
ance declaring a change in the Constitution, striking out ''Uni- 
ted States," and inserting '-Confederate States," null and void, 
how is it possible for this Convention to legalize and validate the 
acts of judicial otncers who took the oath to support the Con- 
federate States, a government in armed opposition to the 
United States ; and who did not take the oath prescribed to 
support the laws of the United States, which was necessary to 
authorize them to discharge the functions of their offices. It 
has been my opinion, as a lawyer, and I am still of that opin- 
ion, that its acts are null and void — they cannot be rendered 
valid — if they are voidable, the}'- m.ay be. If this ordinance is 
declared to be null and void ; if it is asserted by this Conven- 
tion, that the Convention of 1861 was not legally organized, 
and did not prop-rly represent the people of Mississippi; if 
it is said that though it did, its acts were not legal or Constitu- 
tional, and had no virtue or force whatever — then all that has 
been done through the legislative, executive snd judicial 
officers in this State, during the past war, is null and void, and 
this Convention cannot galvanize it into life. This Committee 
have undertaken to recommend an ordinance for the consid- 
eration of, and adoption b}^ this body ; that legalizes all these 
legislative, executive and judicial acts. I wish to draw this 
distinction, and think it proper. The President maintains in 
his proclamation, and the people of the United States have 
always declared that the Ordinance of Secession was null and 
void, as to the United States Government. They do not de- 
clare that it is null and void as to the people of Mississippi ; 
and they, by implication, (as I argue,) declare it to be valid 
and binding upon them, n.^&dc facto Government; and that 
by the Ordinance of Secession, as an order of that Govern- 
ment — whether claimed as a Constitutional right or asserted 
as a revolutionary right — the people v/ere bound to obey the 
Confederate States, and not the United States. Y/hether this 
ordinance is called an Ordinance of Secession, a prommci- 
^^,mento, or an order of a de facto Government — in either case. 



214 PROCEEDINGS ANT) DEBATES IN THE 

it was binding upon the minority- of the citizens, ])ectu]se thr 
majorit}'' had the riolit to enforce it, and undertook to, unci 
did enforce it. 

I have been interested, having- been aniem))er of that (Com- 
mittee of fifteen, and believing I recall the history of this 
Majority and Minority Report, in the claims that liavehecj. 
made to both of the reports, ti'iat have been presented h}' 
tliem, being compromise reports. It was stated in advocacy 
of the Minority lleport, of the gentleman from Marshall, (Mr. 
Trotter.) that there was a compromise between the Majority 
Report, and another report which I have ])efore me. It was 
claimed by a gentleman, subsequently, who I believe, was also 
a member of the (^'ommittee, that the Majority Eeport was ; 
compromise made to avoid objections tliat miglit exist in thr 
minds of members of that C'ommittee. My i-ecollection is, 
Mr. President, that the Majority Eeport, just as it stands, was 
the first one presented ; and tluit the Minority Report of th( 
gentleman from Marsliall, wa'sthe next one presented — thougl 
I think it had been introduced in Convention, before the ap 
pointment of that Committee. There is another Minoiity 
Report, which has not yet been ])resented l)efore thisConven 
tion, in this debate ; but, which I have liefore me, and whicl 
I suppose, I have a right to claim, is also a compromise rt; 
port. I would be glad, in commenting u[)on the IMinority 
Report, which has been brought before the House, and on tin- 
substitute presented by the gentleman from Hinds, (Mr. Yer 
ger, ) to read this other Minority I\ei)ort for the informatioi 
of the Convention, in order to make some remarks upon it, ij; 
connection with tiie othei-s. It reads as follows : 

Whereas, A Convention of the people of the State of Mis 
sissippi, assembled at the Capitol, on the 9th day of January. 
1861, ado])ted an Ordinance of Secession, of the State, iron: 
the United States Government, and declared that the State 
resumed her sovereignty; ajid in a war resulting therefrou: 
with the United States Government, which refused to recog 
nlze tlie legality or A'alidity of that ordinance, the State failecf 
to maintahi her asserted sovereignly, and is now willing 
and ready to resume her status in the ITnion, a« })ef()i'(' thf 
passage of that ordinance ; Therefore, 

Beitordmnecnji/ihls Convctttlon, That said Ordinance o, 
Secc-ssion be, and the same is, declared to be henceforwarci 
nidi, and of no Ijinding force. 

This discussion arose in the Committee. It was urged b\ 
some, that the Ordmance of Secession was null and void, «/-• 
initio. It was sugirested i)y others, that the words, "annulled 
fmd vacated" should be inserted, instead of "null and void," 
but no Minority Report ui-ges that. The Minorty Report was 
presented to the Committee, and was not a])proved l)y them. — 



MISSISSIPPI CONSTITUTIOXAL COXrENTIOX. 215 

]■ Aviis reqiieated b}^ some members of that (.'Ommittee to reduce 
it to Avritiug; and present it, wliich has been done, in connec- 
with the others, and I wish to call the attention of thv House 
to it. 

It merely.' states what was the fact, and a^'oids the respoiisi- 
'hility of deciding wdiether or not, this doctrine of secession 
was intended to be claimed as a'Constitntional or revolntionarj 
^-iglit — ])iit simply asserts that the State did sever her comiec- 
-tioii with the Union, resumed her sovereignty, andnndertc»ok 
to order her citizens to obey her laws, and Jiot those of the 
United States. Its preamble asserts the further fiict, that tiio 
United States refused to recognize the validit}' or legality of 
that Ordinance of Secession — whether it l)e insisted uyjon as a 
(.'onstitntional right or a revolutionary right — and that wo 
Vv^ent to war upon that issue — the State asserting — the United 
■States denying. There was a wager of law, as well as of battle 
— and the preamble declares that the rMu-stion was decided 
against us. Now the State ox Mississ 
—after all that has taken jjlace — in 
her status in the Union. rlentlemen 
desire to bury this tvvin brotJH-r or sister 
was buried on yesterday, and they inay be gr 
to inc, if they A'ote for this report. This 
issue has been iinally decided against m 
view of tha,t fiiiling, seeking no i'urtltei 
disserting no intention of ever assert!' 
ready to resume her status in the Uni.i 
the right of secession is dead — that tin:- i 
failed, and does not exist as a |)ractlcai 
the necessity, after asserting this, and 
declaring in substance, that it will nc' 
— forusto go oack and Su^iltifv t!.;- -i ^v.:.;^ - ^.i' Missf-'sU-pL ^vko 
sat here, hi the pers<"^]js of hc^'- fkt/.^r: in tNu'. '-y '-^^-y-'^g 
tliat wii:i! t^ie)'' (.Liu i..'"i:, V :..• ■ /■■v// i.,,,: .-,/>'" it uoc^; ii^ot 
mattci svj.et!.,A- - wo ^^-iv ^ vd _.. ,-;../ .ig;-^ ^>t ceecssioii, ac that 
time, or not. If we sa}- it is dead, and gone forever, and tliat 
in vievv' of that fact, ^ve are ready to come back into the Union 
— why assert that the action of that Convention wa& '•>•??/// and 

ooid r 

There were reasons urged, a.s having a bearing upon our 
action in regard to the emancipation question, as connected 
with our future National relations, which had their due weight 
with me. But I am not disposed to be so Tery anxious "to 
crook the pregnant hinges of the knee,'' as r-o do a needless 
act, and inflict, as I conceive, a gratuitous insult upon tke 
Convention, that assembled on the 9th day of January, 186U 
Is it necessary to enable this State to resume her status in the 
Union, that we should declare the Ordinance of Secession, 



, h^^- 


':j<:ly and vdlliRg 




--■ resonie 




- -'-! V. great 


^ of 


lyhicli 


)e gr 


:v- -■ ' \ seems 


. declares that the 


.- f] 


latthe State,- in 




or redress, and 




right again — is 


'''\ 


,is insists that 


:jjVi.' 


nent has finally 


measure. What is 


' , ^ ' 


this point, and 




1 be re-asserted 



i31il I'KOlJKKDJNtrS AND DKIJATKS IS TUK 

^'nuil 0/rcd void T' Tlie United Sfca.tes Govei-nine-nt (iocs n(^l 
require it of us at all. This Convention was not called to 
annulgihis ordinauee ; and it was no where intimated, that it was 
exp8«}ted that we should do it. There are inany persons, who 
voted for that Ordinance of Secessiorj, under the conviction 
that it was the exercise of a Constitutional and legal right. — 
There may be meml ):'■'> Lore, who believe thev had a right to 
adopt that ordinance as :in initatory step in a revolution, and 
what position will such action if proposed on our part, 
place these persons ? They may ])e willing to vote that the 
right of secession has been decided iinalh' against us, and 
pledge the people of Mississippi, through tliis Convention, 
that it should never ])e re-asserted ; and yet tliey would have 
to vote in the negative, and against declaring the Ordinance 
of Secession, ''null and void." It has been boastingiy stated, 
and I feel a delicacy in saying anything al)out it myself, be- 
cause of the frequency of that boast — that I was opposed to 
secession, and denied, and do still deny the right ; l)ut I ma^^ 
simply remark that I '.vas 0})posed to the secession of the State, 
at the time she seceded. I thought it the worst step that 
could have been taken ; and 1 am now advocating a becoming- 
conduct on the part of this Convention, towards the Conven- 
tion wliieh met in this lialL on tlicOthof Jarmary, 1861, whosr 
action was endorsed almost unanimously, by the peo|)le of tlie 
State. All of us did some act— some more, sonieleso — in the 
advocacy of its acts ; and I no not think that this Convention 
should now declare its principle act "null and void." 

It might be inferred from the remarks of the gentleman 
from Adams, (Mr. Mailin,) delivered this morning, that those 
who favored secession, had done nothing upon the battle -11 eld, 
in support, of it. and that those who opj^osed it — after the 
State had been plunged into war — had 'oeen left to ^ 'stand in 
the imminent, deadly breach,'' ahd tight the battles of those 
who brought it on. I wisk to say, in vindication of those allu- 
ded to, that they backed their doctrine with a strong arm, and 
I know many, who believed in the right of secession who vindi- 
cated it on the battle-field. Although, I give the gentleman 
full credit for his personal gallantry, I must say, that there 
were those who opposed secession, v/ho went, as tar in the 
"battle as he did. I think this is but just and due to the seces- 
sionists of the State. 

I do not understand the meaning of the amendment oftered 
by the gentleman from Adams ; or else, 1 must think that he 
used language in an ironical sense, when he intimatM that 
the eliect of its adoption would he like the pouring of oil on 
the troubled waters. I thought the report of the Majority 
of the Committee, likely to produce many heart-burnings ; but 
the gentleman proposed to put the case in a still more nude- 



MSSSiBSiPJ'i (.<:>?it^iiru-n<)SXL convkntion'. 21 ^ 

sirable and unpalatable manner yet — and hence my opinion. 

I am opposed to the Minority Report, of the gentleman 
from Marshall, (Mr. Trotter,) because, from it it might appear 
hereafter, and now perhaps, to some, that this Convention sim- 
ply repealed the Ordinance of Secession, because it vfas not 
thought proper, that it should be attempted to be enforced 
further — and because, I see no evidence in a simple repeal of 
that ordinance — that this Convention does not still insist on 
the light to re-enact such an ordinance should occasion require. 
I am in favor of adopting something which will show that we 
abandon now and forever, the right of secession. It is gone 
— ^it is a thing of the past — and I, for one, wish it buric*d out 
of sight — never to be miso'd again. If repealei.l, it may he 
brought up again, and re-enaeted. 

Therefore, although opposed to the amendment of the gen- 
tleman from Hinds, (Mr, Yerger,) I would vote for it, rather 
than be forced to vote for the Majority Report of the Com- 
mittee, or have my vot« recorded against it, as though I was 
in favor of secession. 

Mb. Martin, of Adams — Mr. President : — 80 far as 1 am 
concerned my feelings are never hurt, if my friends vote against 
me, and I propose to vote for the strongest po.ssible ordinance 
that declares the ordinance of secession ^ 'void," and not to 
Yote in support of the language which the gentleman has sug- 
gest-ed, and which may possibly import as much. I propose 
to uselanguge that cannot be mistaken, and to so wipe out 
this ordinance that no one can understand anything else, than 
that there never was such a right as that ol secession, that 
not one of us voted for such miserable doctrine as that. 

The gentleman from Yazoo, (Mr. Hudson,) indicates that 
we are here to restore our relations with the Federal Gov- 
ernment, and at the same time, proposes to hold on, and not 
give 'vj it once, this dogma — thoii^;]i I believe it f-ix move 
important for us to set at rest forevei, this question of seces- 
sion, than for us to do any other act, we could do as a Conven- 
tion. Of course, I should be much gratified, if I could vote 
for the ordinance of secession, if somebody would call it by 
some other name, and persuade me that I was doing some- 
tiiing else ! I never could bring myself to s&,y, that ''the con- 
stituency I have the honor to represent" (fcc, &c., ''desired'' 
&e., &c. If my constituents think that what I believe to be 
right and proper is so, well and good — but I never have been, 
or will be the mouth-piece of those who hold difterent opin- 
ions from myself on great Constitutional questions ; but have 
exercised, and always mil, my judgment, and decide for my 
constituents, what I hold best for their interests. I think, and 
bave thought for years, that we have gro"wm too democratic as 
regards this matter — -and that men should be selected, not as 



218 PRCCSEDIXGS AX I) DEBATES IN THF; 

mere speaking truuipets, but rather Avitli reierenee to their 
own thinking qualities, and manliness: their earnest feeling 
and proper exercise of judgment. I think that the gentleman, 
(Mr. Hudson,) will do nothing Imt right; when he votes ac'- 
cording to Vvdurt he indiyidually believes to be right, and 
that in case he does, his constitutency will not consider him 
to have done an3i;hing wrong. 

Mr. Joiinstox, of Hinds — Mr. President : — I do not propose 
to enter into an argument at all, but simply to define my posi- 
tion, that my action may i)e salyect to no misconstruction. It 
is not necessary to go into a detailed statement of what 
occured in the Committee room — suffice it to say, that there 
Avas not a unanimity of opinion among the Committee, in 
reference to the report y\iiich was presented here. That is 
manifest in the Minority Reports which are before the house, 
in addition to tlie Majority Report — to say nothing of the 
iiistory of our deliberation in the Committee room. But finally 
the -proposition was made, as it is- embodied in the ordinance 
reported — simply declaring the Ordinance of Secession, a 
nullity and void — without any further expression whatever. 
I'hat wiiH certainly satisfactory to me, as Chairman of the Com- 
inittee, and was to the majorit}^ of its members ; and in that 
shape it was reported. It might be suj^posed, therefore, that 
I, as Chairman of that Committee, w^ould stand up in defense 
of that report, w^hich has been made ; but I consider that there 
is no such obligation resting upon me, and that it is entirely 
])arliamentary and proper for the Chairman to say anything in 
opposition to a report which he makes b}^ the instruction of 
that Committee, and although the report, as I have said — is 
satisfactory to ]ne, I wish to make no further declaration in 
regard to the Ordinance of Secession, than is contained in the 
report itself; but a substitute unking ];>een offered by my eol- 
Ieaa:ue, (Mr. Yertjer, ) -in beu cf a'*] po:'^di^)':: amendmeu'^s. and 
fh(. orl'ji::^] or. !i:if;nee, as repr;:!^! '\r i-ie l''.:.u.ndii;;-<% I .irisc 
sijupiy j'^]' rile ];urpose of anuounciiig tli.it I fiivor tli^^.t propo- 
sition . and sjiall vote for it. Tiiat substitute clearly enun- 
ciates the great l^.cts and principles, to which I have alwaj'-s 
subscribed, and I feel bound to favor it. 

Much has been said in regard to the action of the Secession 
Convention. I have only this to say, in regard to that matter 
—that the sentiment and action of Mississippi is not uniform, 
on the right of secession — very far from it. Gentlemen cer- 
tainly remember the celebrated contest in reference to the 
compromise measures in 1850 and 1851. Surely they have 
not forgotten that a Convention of the people of the State of 
Mississippi, assembled in this very hall, in 1851 — ten years 
before the Secession Ordinance was passed — and although, I 
have not the records before me, I remember Tery distinctly, 



MISSISSIPPI COXSTiTUTIOXAL CCNVEXTION. 21^ 

its action, having the lionor of being a member of that Cpn- 
vention, as well as of this. There was adopted there — and 
gentlemen can examine for themseles — a In-oad denial of the 
Constitutional right of Secession, on the part of any . Stated — 
passing by an overwhelming majority of that enlightened and 
patriotic body. Now, if a course, opposite to the one pro- 
posed, be pursued here — what could the members of tliat 
Convention say in regard to their action V Gentlemen talk a 
great deal about hard feeling, and bring up unpleasant matters 
to others, whose action has l^een different ; but I cauuot see 
that the action of this Convention,' is an aspersion or disrepect 
to any gentleman who voted for the Ordinance of Secession 
in 1861 ; and if it be so, most unquesti6na1)ly it would be as 
great an insult or aspersion to the members of the Conventioi^ 
of 1851, who solemnly voted that no such right of secessiou 
existed under the Constitution. I desire, Mr. President, to 
place myself fully upon the record, for the sake of consistency^ 
Having, in 1861, voted in solemn Convention, that th.e^ 
right of secession did not exist under the Federal Government. 
I consider it but right and proper, and consistent again tc»- 
avow tkoiBe principles, by voting for tin* proposition whick 
my colleague has offered. I would not have insisted upon it 
myself, ^^.s a proj^osition before this Convention, and liad no 
ag^n< 7 v-i bin .:\.,g It l- "^fcre xLb ]>■ :y ; hu'^ Ik '.Ag pr^'S^iitedy 
and meeting my views, and enunciating what I conceive to be 
a great truth, spriugin'g out of the Federal Constitution, I am 
bound to support it, to be consistent with the action I have- 
always maintained. 

Mn. Matthews, of Panola — Mr. President : — Iri order tc> 
test the questio*i, I move to lay the suljstitute on the table. 

The motion was carried by the following vote : 

Yeas. — Messrs. Barr, Bailey, Binford, BlaekwelL Brow-a,. 
Byars,Cfii'ter, Compton, Cooper, of Eankin, Cooper, o^' Panola, 
Crawford, Davis, Dorris, Duncan, Franklin, Gaither. Goodie,. 
Gull}^, Hamm, Harrison, Heard, Hill, Hudson, Hurst, Jolnison.. 
of Marshall, Johnson, of Smith, Lewers, Malone, Marshall. Mat- 
thews, M-a^'son, McBricle, Morphis, Niles, Phipps, Potter, 
Reid, Reynolds, Sanders, of DeSoto, Sessions, Stone, Stricklin. 
Swett, Tate, Trotter, Wall, Watson, Wilson, Woodward.— 49. 

Nays. — Mr. President, Messrs. Bond, Ca'son, Crum, Cum- 
mings, Dowd, Gowan, Griffin, Hall, Hemingway, Horiie, 
Houston, Jarnagiu, Johnston, of Hinds, Johnson, of Choctaw, 
Jones, Kemied}', King, Lambdin, Le^^'^rs, Lindsey, Loper, 
Martin, of Adams, Martin, of Sunflower, Maur^', Montgomery, 
Owens, of Tunica, Owen, of Scott, Peyton, Presslc}', Quin, 
Rives, Rushing, Sanders, of Attala, Simonton, Slover, Spark- 
man, Stanley, Wallace, Webb, Wier, Woolev, White. Yeroer. 
—45. 

15 



220 PEOOEEBlXtf^ AXD PEBATEt IN THK 

Mr, YEK«iEH, of Hinds, — I nowmovo, Mr- President, to lay 
on the table, the amendment of thf gentleman from Marsh all, 
(Mr. Trotter.) 

The motion was carried hy the followinj^^ vote : 
Yeas. — Mr. President, Messrs. Blackwell, Bond, Byaxs, Ca 
son, Crawford, Cummings, Dorris, Duncan, Gowan, Goode, 
(rritfin, Hall, Hemingway, Hill, Houston, Jai^nagin, Johnston, 
wf Hinds, Johnson, of Choctaw, Johnson, of Smith, Jones, 
Kennedy, Lambdin, Lewis, Lindsey, Loper, Martin, of Adam^, 
Martin, of Sunflower, Maury, Montgomery, McBride, MorpMs, 
(l»wen, of Tunica, Peyton, Pressley, Quin, Reynolds, RItcs, 
Sanders, of Attala, Simonton, Sparkman, Wallace, Webb, 
White, Wier, Wooley, Wylic, Yerger.— 48. 

Nays. — Messrs. Barr, Bailey, Binford, Brown, (^art.er, Comp 
ton. Cooper,, of Rankin, Cooper, of Panola, Crum, Davis, 
Dowd, Franklin, Gaither, Gully, Hamm, Harrison, Heard, 
llorne, Hudson, Hurst, Johnson, of Marshall, King, Lewers, 
Malone, Marshall, Matth(iws, Mayson, Nilcs, Owens of Scott; 
Phipps, Potter, Eeid, Rushing, Sanders, of DcSoto, Sessions, 
Slover, Stanley, Stone, Stricklin, Swett. Tat(\ Trotter, Wall, 
Watson, Wilson, Woodward. — ii). 

Mr. Goode, of Lawrence — Mr. President: — 1 now offer thi^^ 
Minority Report, as a substitute for the Majority Report of the 
( 'ommittee, reading as follows : — 

WiiEEEAS, A Convention of the people of the State of Mis 
sissippi, assembled at tlie Capitol, on the 9th day of January, 
18f>L adopted an Ordinance of Secession of the State from 
the United Statx^s (Government, and declared that the Stair; 
i-esumed her sovereignty : and in a war resulting therefroBi 
with tlie Unit-ed States 'Government, which refused to recof 
uixe the legality or validity of that Ordinance, the State failed 
U> maintain lier asst>rfed sovereignty : -.md is now^ willing and 
ready to rcsue lier status in t>;e I'nion, as ])efore the passage 
•1" Ifciiat Ordinance ; Therefore, 

/>%' if ordahffd lij ihh (''>fn'ehtlfnt. That said Ordhiance @f 
Secession be, and the; same is hereby (k'clai-cil, to be Jinnee- 
forward null an<l of no ])inding force. 

Aft-er fltis and several other ameTHlments had )>een oftered 
and rejected — 

On motion of Mr. Johnston, of Hinds, the first swtion of 
the Majority Report, of the Committee was adopted, hy th« 
folhivv'iui; \ol*': 

l;,A-:~iv';. l/rc^i(!-:]it. .^■^?r.KiS, y-;:ile7, T'lllups, Biiiiord, 
lilaekwell, Bond, Brown, Byars, Cnru-r, Cason, Cooper, of 
Rankin, (V)mpton, Cooper, v'»f Panola, (Vawford, Cummings, 
Dorris; Dowel, Duncan, Gaither, Gowan, Griffin, Gully, Hall, 
Harrison, Heard, Hemingway, Hill, Home, Houston, Hudson, 
Jarnagin, Johnston, of Hinds, Johnson, of Choctaw, Johnson^ 



of Smith, Jonee, Kennedy, King, Lambdin, Lewis, Lindsej, 
Loper, Malone, Marshall, Martin, of Adams, Martin, of Sm*.- 
dower, Maar>-, Montgomery ,3IcBride, Morphia, Niles, Owea, 
of Tunica, Owens, of Scott, Peyton, Potter, Preasley^ Quimr, 
Rejmolds, Rives, Enshing, Sanders, of Attala, Sanders, of D^.- 
Soto, Sessions, Simonton, Slover, Sparkman, Stanley, Strick- 
lin, Swett, Tate, Wallace, Wall, Watson, Webb, White, Wier, 
Wilson. Woodward, Wooley, Wylie, Yerger.— 81. 

Nays. — MessTs. Barr, Crura, Davis, Franklin, Goode. Hamm, 
Hurst, Johnson, of Marshall. Mayson, Lewers, Fhipps, ReLd, 
Stone, Trotter.— 14. 

Me. Wilson, of Yazoo — 'Mr. President : — I merely wiali to 
say, that I do not intend, by my vote to declare that I eoa- 
Bider the Ordinance of Secession, of any legality or binding 
forco ; but I voted as? I did., beca;as^-^ I merely objected to tlie 
verbage. 

The Convention iheB proceeded to the conBideratioii of 
•■section two, of the Majority Eeportof the Committee, reaciiii-g 
^H follows : 

Sec, 2. Be it furtlier ordained^ That the followiiig 
'^rdioanees and resolutions, passed by said former Conven- 
tion of the State o-f Mississippi, whicli assembled ia the 
city of Jaeksoii, on Monday, the 7th clay of Januaiy, 
1801^ and on the 25tli day of M^irch, ISSi, be aRd the 
,^ame are hereby repealed, viz : 

'To raise means for the defenet' of the State," (said or- 



(ikiance having no date.' 



•^^To regulate the Military system of the ^XmQ. of M.is- 
■?issippi." passed 23d. January, 1861. 

"To amend the Constitution of the State of Mis.«-]ssippi 
'n\ certain partlcn1ai*s/^ passed January i6th, 1801. 

^'Conccrniiig the jurisdiction and property of the United 
States of America, in the State of Missis&ippi," passed Jan- 
-aary 16th, 1861. 

''Supplemental to an ordinance concerning the juris- 
«f.iction and property of the United States of America, in 
the State of Mississippi," passed January 26th, 18-62. 

'*To provide for postal arrangements in the State of 
Mississippi,^'' passed January 12th., 1861. 

''Farther to pK?vide iC>r fjostai arraugcnienrs ui Missis - 
sipp.i, pa->ped ■^.^:ni'Fy 'V^-h^ iS^l. 

'^To provide for the formation of a Southern Confeder- 
acy-" (Ko date tiiereto.) 

*-To regulate the right of citizenship, m tlie State of 
Mississippi," passed 26th January, 1861. 

'•To provide for the represeutation of the State of Wm- 



222 PROCEEDINGS AND DF.BATES IN THE 

sissippi ill the €ongress-of the Southern Confederacy,'' 
passed January 2Gt]i, 1861. 

"To provide for surveys and fortifications ot military 
sites within tlie State of Mississippi," passed 26th of Jan- 
nary, 1861. 

"To authorize tlie Governor to borrow a sulticient 
amoniit of money to defray tJie ex]:)enses of the troops now 
in the lield." (No date thereto.) 

"To adopt and ratify the Constitution ado].)ted by the 
Convention, Montgomerv, Alabama, passed March 29th, 
1861." 

"In relation to lands in the State of Mississippi belong- 
ing to Indian orplians, passed March 29th, 1861. 

"To define the poorer of the Legishiture of this State in 
relation to ordinances and resolutions, adopted by this 
Convention, passed March SOth, 1861." 

"To provide a coat of arms and fiag for tlie State of Mis- 
sissippi, passed March 2Sth, 1861." 

"To revise and amend the law in relation to foreign in- 
siarancG companies." Massed Marcli 27tl], 1861. 

"To provide for tlie appointment of Electors of Presi- 
dent and Yire-President ot tl>e Co]it^<lei"ate Spates of 
America." Passed Iviarcii 30tli, 1861. 

"To alter a^id modify tlie ordinance entitled 'An ordi- 
nance concerning the jurisdiction and property of the 
United States in tlie State of Mississippi." Passed March 
30th, 1861. 

"Supplemenal to an ordinance entitled 'an ordinance to 
raise means for the defense of the State,'" passed March 
29th, 1S61. 

Mr. Wier, of Yaloljuslia — Mr. President : — I move to striiie 
out the words ''be and the same are repealed" and insert ''aa-e 
hereby declared imll and void." 

Mr.. Johnston, of Hinds — Mr. President :— I shall have to 
vote against that proposition. There is one of these ordin- 
ances which it is proposed to repeal, nnder which certain 
paper money was issued, by authority of the State of Missis- 
sippi — a large amount of which is yet out in circulation. I 
did not V.' ish that ordinance repealed by the Committee at all. 
and opposed that action ; but a majority of the Committee 
insisted on its repeal. Now, if the amendment prevails, de- 
claring the ordinance null a-nd void — what is the effect upon 
the notes and bills, issued under that ordinance ? It would 
undoubtedly l3e, to destroy the value. It seems to me, that 
■without intending it, that act would be one of repudiation. 



MISSISSIPPI GOXSTITUTIOXAL CONVEXTIUX. 223 

and therefore, I was opposed to the repeal, because I feared 
such would be the effect, and because I am opposed to repu- 
diating anything'. I was partly convinced, however, that the 
mere repeal of the law would not in^-alidate the issue of the 
money^ — though I had my doubts, and would 3'et prefer to 
have that ordina,nce left standing and untouched. 

Mr. Weir, of Yallobusha — Mr. President: — It seems to 
>ne that the Convention might dispose of these Ordinances as 
it did of the Ordinance of Secession, but in order to test the 
question as to the form in which that section should stand, I 
move the adoption of the amendment. 

The amendment, on motion of Mr. Franklin, was tabled. 

A substitute, ofiered by Mr. McBride, having been laid upon 
the table, Mr. Johnston, of Hinds, ofiered an amendment : 

"Amend by striking out, the word, "to raise means for the 
defense of the State ;'' and also, by strildng out at the end of 
the section, the words : "supplemental to an ordinance, entitled 
an ordinance, to raise means for the defense of the State, 
passed March 29th,1861.'' 

A -motion to table the above vras lost, Vv'hereupon Mr. 
Yerger, of Hinds, offered the following proviso, by way of 
amendment, which was accepted by Mr. Johnson : 

'■'■Provided^ That an ordinance, (bearing no date.) entitled 
"An ordmance to raise means for the defense of the State," 
and an ordinance aproved March, 29th, 1861, entitled supple- 
mental to an ordinance, entitled an ordinance, to raise means 
for the defense of the State, are intended to be left by this 
Convention, for such action on the same, as the people of the 
State, by their Legislature, may deem is right and proper to 
take — having in view the honor and prosperity of the State." 

Mr. Marshall, of Warren, — Mr. President : I move to 
strike out the proviso of the gentleman from Hinds. The 
State of Mississippi, by ordinances, invited her citizens to come 
forward and invest their mone}', and it has declared as an in- 
ducement to that end, that the legislature should have ne 
]fOwer to repeal those ordinances, or to modif}' or alter them, 
that the security that was intended to be given to the people 
might be undisturbed ; but by the adoption of that ordinance 
it will betaken from them, and the subject will be left under the 
control of the legislature. I must therefore oppose the adop- 
tion of the i^roviso. 

Mr. Yerger, of Hinds, — I shall insist, Mr. President, as a 
matter of course, so far as I am concerned upon the proviso. 
The ordinances proposed to be struck oat are ordinances 
providing for the raising of money which was intended to be 
used in carrying on and conducting the war which this State 
was at about that time inaugm-atmg. In my view, all tho^e 
ordinances are absolutely^ null and void. I know that many 



S2i PKOOifiKDlNGS AJMI) DEBATES IJS THK 

of the people of this State riivested their money a.s has been 
H-tated, and I for one, as a citizen, am willing to pay my shsie. 
of the taxes necessary to p&y this indebtedness ; but I know 
the fact, and I suppose tha,t many of the members of this Con- 
vention do also — that these notes were at a great discount ii^ 
the market, and were purchased by brokers for the p^irposeoj' 
some day or other making a speculation and profit on then?. 
So far as the loere obligation is concerned towards these par 
ties, we are under no more obligation no pay them tiian to pay 
the holders of Confcnierate bonds, or any otJiersecuiity which 
they allowed during the progress of the war. Bwt I do no;". 
wish this State to repudiate what ws.8 entertnl into by Iha': 
Oonvenlion. In deference however,— -althotigh I believe th*^ 
<]Jonvention had no power to take the action which it did, — 1 
would have the matter left entirely with the Legislattu*e £nth«^. 
future, which, regarding the amount of actual investment 
made by parties, can give them such remuneration as they 
may deem them entitled to ; but I do not wish, by our silence., 
to give credit and value to these ordinance* at all. If we strike'; 
out and refuse to pass the proviso, we simply countenance th^^. 
view that the ordinances, in the opinion of this Conventiojju, 
are valid, — thus pledging the State to pay the holders the en- 
tire amount of these notes. I wish the matter to be left tA> 
the Legislature, which can- take into consideration the condji ■ 
tion of the people in reference to financial affairs and the- 
amount paid therefor by the holders of the obligations H 
do not wish, in any way, to tie the hands of the I^egi^lature, 
ijfrA make it obligatory upon them to provide fcr the pa3rment 
of these not^s whether or not they axe rightfully and Yslid- 
ly received. 

The motion to strike out the proviso was lo^t, by the fol- 
lowing YOt^ : 

Yeas. — Messrs. Crum, Franklin, Lam bdin., LewerSjMajrshalJ'., 
Martin, of Adams, Potter, Swett — 8. 

Nays. — -Mr. President, Messrs. Barr, Bailey, Biilups, Bin 
ford, Blackwell, Bond, Brown. Byars, Carter, Cason, Compton, 
Cooper, of Rankin, Cooper, of Panola, Crawford, Commings, 
Bonis, Dowd, Gaither, Gowan, Goode, Griffin, Gulley, Hall, 
Hamm, Harrison, Heard, Hemingway, Hill, Home, Houston, 
Hudson, Hurst, Jamagin, Johnston, of Hinds, Johnson, of 
Marshall, Johnson, of Choctaw, John&on, of Smith, Jones, 
Kennedy, King, Lewis, Lindsej^ Loper, Malone, Martin, of 
Sunflower, Matthews, Maury, Montgomery-, Mayson, McBride, 
Morphis, Mies, Owen, of Tunica, Owens, of Scott, Peyton., 
PMpps, Pressley, Quin, Reynolds, Rives, Rushing, Sanders, 
of Attala, Sanders, of DeSoto, Sessions, Simonton, Siover. 
Bparkman, Stanley, Stene, Stricklij?., Tat^, Trotter, Wallac-e, 



MISSISSIPPI COFeXITU'nONAL C0NVl?3fTI0X. 255 

Wall, Watson, Webb, White, Wier, Wilson, Woodwai'<i- 
W'ooley, Wylie and Yerger. — 83, 

The question was then taken on the amendment with, pro- 
viso and adopted. 

On motion of Mr. Johnston, of Hinds, the second section 
as amended was adopted. 

On motion of Is'lr. Cooper,. of Panola,- the thipd'Seetiou-w:i>^ 
^Adopted. 

On motion of Mr. Jonnston. of Hinds, tiie ordinance a^; 
amended, was then adopted. 

Mr, Harrison, of Lowndes, made the foUowmg report : 

Mr. Prssident: — 

The Commttiee on the Sts,te Constitution to whom was refer 
t^d the reBoIution to enquire into the propriety and expedieiicv 
of submitting tiie amendments of tiie Constitution, together 
with the ordinances axiopted by this Convention, to the qual- 
Ced electors of this Stat^e for their ratification or rejection, re- 
report that th^y have duly considered said resolution, and 
iney.are of the opinion- that it ds not practical orexpcdllBiit'^to" 
htibmit said several amendments and ordinances, to the people, 
nnder existing circmnstances, and accordingly they recom- 
mend that tiie said resolution do not pass. 

Mr. Johnson, of Smith, — Mr. President: — I hope that re- 
port wiJl not be agreed to, at least as far as the submission to 
the people of the free clause of the Constitution is concerned. 

The shoitiiess of time intervening between now and the 
general election cannot be urged against sucJi a step, fw that 
.-micle might be submitted separately. 

It has been said that if the Ordinp^noe of Secession had 
been fairly submitted to the people, they would have refused 
t/3 ratify it. I do not wish to have it said in future' that^4he 
5?Jholition of slavery was forced upon the people of this St-ate„ 
through not allowing them the opportunity of expressing 
their opinions in regard to it at the ballot box. 

With the purpose of making an amendment to this re[>ort 
by which that amendment may be passed upon by our con- 
stituents (which I will present myself and vote for, if no one 
else will) I move that tliLs Convention now adjourn until *.♦ 
o'cioek to-morrow morning. 

On motion of Mr. Harrison, the repK>rt was received. 

Pending the question of agreeing lo the report — . 

Mr. Barr, of Lafa-^^ette, moved that the Convention axljourn 
4'^tii to-morrow mornmg, 9 o'clock. ■ 

Mr. Jolinson. of Smith, moved lo amend by striking out 
the word "nine, and inserting the word eight." 

The question being taiveii on the motion of Mr.Bai-T, (if 
Lafavette, it was dedded in the negative. 



226 PROCEEDINGS AND DEBATES .IN THE 

Tlie amendment offered by Mr. Jolinson, of Smith, was 
then adopted, when — 

The Convention adjourned until to-morrow morning-, eight 
o'cldcli. 

[Note. — The following speech forms a i)art of the debate 
of the previous day, on the proposition to al)oUsh slavery. 
It was enclosed, by Eeporters, with the proceedings of Tues- 
day, and thus failed to be inserted at its proper place.] 

'Mil. Makshall, of Warren— Mi'. President : Before the yeas 
and nays are taken, I desire to state the reasons which control 
my action on the question under considerjition. I have voted 
gainst laying several of the proposed amendments on the table, 
not because I framed either of them ; but, simply, to allow their 
friends ah opportimit}" of discussmg them asfully as they 
wished. As a general rule, I do not approve of that mode of 
cutting of de])ate. But if we are to insert in the Constitution an 
ariti; slavery clause I prefer the form reported by the Committee. 
I would rather feel, and liave the people of the country now 
and'liereafter believe, that our action is free and voluntary; 
aM that we are not here merely- to register the edicts of Fed- 
eral power. We all wish to attahi the same result. All de- 
sire to see the soldiery removed from our midst ; or, at least, 
that the military slioldd again ])ecome, as the Constitution 
iritehcled" it always should ])e, except in extraordinary emer- 
gencies, subordinate to tlie cIaII power. We want law and 
oTder restored — that our people may feel once more secure in 
their persons and property, and enjo}^ tlie blessings of peace 
and quiet ; that they have an opportunity of recuperating, 
if possible, their wasted resources and wealth- How are we 
to ac'cdmplish this, is the question ? It is urged b}' some 
that we have no discretion left us— that we are bound hy the 
oath w.e have taken, to support this amendment; and others 
tell us the President demands it as a condition precedent t® 
the admission of oiu* representatives in the next Congress ; 
w^hile a large majority of this body seem to regard it as af- 
fording our only hope of getting rid of Federal bayonets. — 
Is it true that we are bound by our oath to support this 
amendment ? I do not so understand it. In my view, it was 
aii act of tyranny to require it of us. The innocent and 
guilt}' were alike bound to take it. I have known soldiers of 
the Federal army, who followed the flag of the Union from 
the inception to the close of the war, take it. None can vote, 
or enter into business of any kind, without it. Swear, or be 
^lisfranchised — take the oath, or starve, and see our families 
starve. No other alternative was left us. But whether forci- 
bly or voluntary, I halve taken the oath, and I intend, in good 
faith, to keep it. M}^ negroes, who remained with me, are 



[MtSSISSIPPI CONSTITUTIOXAL (JONYENTIOX. 1^'27 

"treated as freemen. They are receiving wages for their labor. 
I have not a word to utter against any act of Congress, or 
procianiation of the President in regard to sla^-ery. I have 
already voted for striking out every syllable in our (,'onsti- 
tution on that subject. But the President has not demanded, 
nor does the oath we have taken reqnire of us, either in letter 
or spirit, to vote for any amendment of onr Constitution, nor 
the passage of any law, on any subject. To support an exist- 
ing law is what we have undertaken and sworn to do ; not to 
pass another or similar one. We did not agree to do what 
may not have been legally done by others. Feeling, there- 
fore, entirely free to act according to my own judgment, do 
the dignity and honor of Mississippi, and the best interests 
of her people, make this amendment necessary- or proper, 
under existing circumstances ? If there were no Federal 
pressure upon us, very few or none could be found in Missis- 
sippi to advocate such a measure as this. The only apology 
or excuse for it is, that our former relations to the United 
States cannot be restored, nor our members of Congress be 
admitted to their seats, nor civil law and order revi^'ed and 
permanently established among us, without it. If I could 
believe that, I might, and probably would, vote differently. 
But it is very clear to my mind that the restoration of our 
former relations with the Federal Union cannot rightfull}^ be 
made dependent, in any way, upon our action on this subject. 
According to the theory of the United States, Mississippi has 
never been out of the Union. Her act of secession was void, 
and her people never absolved from their allegiance to the 
Federal Government. Every act of Congress, proclamation 
qt the President, and State paper, enacted or issuei, fromtlie 
beginning of the war to the appointment of Governor Shar- 
key, and providing for the election of delegates to this bodj^ 
recognizes Mississippi as one of the States of the Union. It 
is only in that view the President could ofl'er us amnest}^ or 
prosecute any of our people for treason, or feel bound t^ 
guarantee a republican form of government to our State. 
Upon no other ground can the T\^ar against us be justified or 
excused. Without that it would have been wholly unpro- 
voked, wicked, cruel and murderous. The United States can- 
not, will not, dare not now assert that Mississippi is not a 
State in the Union. To do so would be to aJfix the 
stamp of infamy upon themselves, in the judgment of the 
civilized world. I insist that we are now in the Union, and 
entitled to all the rights and privileges of any other State. 
Our people may have incurred penalties, and, if legally prose- 
cuted and convicted, may have to suffer punishment ; but thej 
have forfeited none of their political rights as citizens. Mis- 
sissippi is to-da}', oppressed and overnm as she is by niilitarj 



228 Fl^OC-KKDTNGB ANI> DEBA'FEB IN TJIK 

power, the tqiia], under the Constitution, of £my Stat^e in the 

Wo matter, then, whether we adopt this amendment or not. 
the representatives we may send t;o Congress cannot, without 
a palpable violation of the Constitution of the United States, 
be denied their seats. And this I understand to be the Presi- 
dent's view. He advises the States in which he has appointed 
Provisional Governors to amend their Constitutions, by stri- 
lung out the articles whicl*. recognize slavery, and thinks it 
would be better for them to do so. Not that they are bound 
to do so, or because he would, without that, oppose the admis- 
sion of their representatives to seats in C3ngress. But h*^ 
fcays he has no power over that subject., and Congress may 
iiot admit them. The inference is fair, if not entirel}^ clear, 
tiiat, if left to him, tliey would be admitted. "Eajch House.'' 
however, being ''the judge of the elections, returns and quali- 
fications of its own members," their admission or rejection i> 
bey^ond his control, is all he says. No one, I suppose, would 
contend that either House of Congress h.as the right., under 
the Constitution, to reject a member duly elected and legally 
qualified, arbitrarily and without cause. They could uot re- 
fu:=;e to admit him, because he was a Whig, Democrat or EUv 
publican, or because he came from a slave or free State. They 
have the right to enquire and determine whethei' he was elect 
ed at the time and place, in the manner prescribed by law, and 
whetlier those who voted for him were qualified electors, 
j3,ceording to the law of the State in which he was elected. 
.',md whether he had been uuig years a citizen of the United 
States, if a Senator, or .'jeven years, if a member of tlie House 
of RepresenOrtives, and an inhabitant of the State in whiclj 
he was chosen, at the time of his election. It is not at all 
probable that iMiy objection can be justly made to any person 
sent by Mississippi to represent her in the next Congress. 
They will, no doubt, all be elected at the time, place, and iu 
the ras,nner prescribed by law, and by electors duly qualified. 
.-according to the law of this State prior to the 9th day of 
January, 1861, and who have taken the amnesty oath, under 
the proclamation of the President of the 29th day of May, 
1865, and they mil all, I take for grant-ed, have the qualifica- 
tion of Senators and Representatives, respectively, required 
by the Constitution of the United States. Upon what ground, 
then, am they be refused admittance ? Assuming Mississippi 
to be a State in the Union, th.e right of her deleg-ation to Con- 
la'ess to all the privileges of members from any other State 
follows irresistably. 

Suppose, however, they should be rejected, whetlier right- 
fully or not, what then would be our condition? Ail of our 
State, district and county ofllces will be filled, by officers duly 



MISSISSIPPI C0NSTITTJ*nONAL CONVENTION. 220 

elected, iQ strict accordance with the President's proclama- 
tion and the ordinance of this Convention, passed pursuant 
thereto, and their otOcial character wodld imqnestionably Ih^ 
fully recognized by the President. Onr State Government, 
•iterefbre, being regularly organized, according to his own. 
views, there w^ould be no good reason why the civil law should 
not be enforced here, in the same roanner, and to the same 
extent, as in any other State. And I am not willing to be- 
lieve the President would attempt, by mere despotic power or 
f3,rbitrary ' act, to prevent or interrupt the administration of 
OUT State Government ; and, without bis sanction, certainly 
neither the military nor any other branch of the Federal 
Government could do it CiyH law would, consequently, be 
revived and enforced in the State, while we would be tempo- 
larily without representation in Congress. 

It would then remain for the people of the Northern States 
'jo say whether they would sustain their representatives in a 
plain, palpable violation of the Constitution, and their solemn 
oath to support it. I know many believe, and I admit, not 
mthout very strong grounds for that opinion, that the Con- 
f-titntion has not been, for several years past, very sacredly 
regarded by the people of the North, and that public official-^ 
have almost ceased to consider it their guide or rale of ac- 
tion. It is certainly true that it has, in many instajices, been 
very unceremoniously trampled upon. But that was durini>- 
the existence of a gigantic war, that feariuily threatened tht^ 
'ife of the nation ; and it is probable the people thought it 
better to submit to even gross violations of the Constitution 
than, by forcible resistance, increase the danger of, and, may 
be, insure a pennanent severanc-<3 of the Union. With the 
return of peace, however, I trust different views will prevail. 
and I hope to see the people of the North, as well a^ tht- 
people of the South, once more retuiTi to their allegiance to 
the Constitution, and vigilantly and carefully guard ajid pro- 
tect it against any and every assault or encroachment of Fed- 
eral or any other power. 

The people of the North have as much mterest in uphold- 
ing the Constitution as Vfe have ; and I am not prepared to 
believe they would sustain their representatives in so shame- 
Jess a disregard of its plain provisions. Justice to us, their 
duty to the Constitution, and s-ound policy, would alike for- 
bid it. 

If we are not b^Duud by the oath we have taken to vote for 
this amendment, and its adoption is not necessary to entitle 
cvar delegates to Congress t-o all the rights and privileges of 
members from other States, would it be likely to relieve us 
o.f military rale? Some gentlemen seem to believe that the 
SiTsuension of the wi'it of habeas 'x.rpu^. the denial of tibial by 



'230 PROCEEDINGS AXD DEBATES IX THE 

jury, and the continimnce of an army in the State, are all de- 
signed hy the Federal Government to eompel us to insert a 
free clause in our State Constitution. They siu'ely forget that 
the proclamation of martial law and the suspension of the 
Avrit of habeas corpus were not limited to any State or section. 
They were not general in their operation, but embraced cer- 
tain specified classes of persons, irrespective of their places 
of abode. We all know that hundreds of citizens of North- 
ern States have been denied the privilege of the writ of ha- 
heas corpus, as well as the right of trial b,y jury. Leading 
prominent men, in no way connected with the army, have 
been tried there by Military Commissions, and convicted and 
punished. It is very manifest that these measures were not 
adopted, nor are they continued, with any reference vvdiatever 
to any amendment of the Constitution of this or any other 
State. 

Gentlemen also err, in my opinion, vrhen they say thearmj 
is kept here to force us to abolisli slavery. If that is the ob- 
ject of keeping troops here, as has been already- worked bj 
other States, why are they continued in Tennessee, vdien 
slavery was abolished by State action, a year ago ; or in Ken- 
tucky and Maryland, which were never considered insurrec- 
tionary States ? 

But why should the President, or Congress, vrant this, or 
any other State, to abolish slavery? That has already been 
done by a Presidential proclamation. - If that act is legal, it 
is certainly unnecessary for us to do anything more than v/e 
have done. We have struck out every clause in our Consti- 
tution, in relation to slavery. Any further action on our 
part would be purely superrogatory. '\"\Tiether slavery is 
legally abolished by the proclamation, or not, is not for us 
to determine. That is a question, as Mr. Lincoln told us, 
and our own distinguished Governor, in his proclamation, 
says, fur the Courts. No one here, so far as I know, is dis- 
posed to raise that question. But if it ever should come up, 
it weuld be the duty of the Supreme Court, in the last resort, 
to determine it. And with that decision, vrhatever itmay be, 
the whole country should be satisfied. 

If any man believes his property in slaves lias been taken 
away.fi-om him in relation of the Constitution ; or that he is 
le-g'ally entitled to compensation for them ; he is entitled in 
my opinion, to have the question tested in a legitimate way, 
before the proper tribunal, and by no vote of mine, shaE that 
right be denied him. 

The status of the negro, however, is a very insignificant 
naatter, in my judgement, in comparison vrith the great prin- 
ciple of hberty involved here. It is not whether the negro 
shall be fi-ee— but whether we shall be slaves. Not whether 



MISSISSIPPI CONSTITUTIONAL CONVENTION. 231 

the proclamation of tlie President is Constitutional ; but 
whether we shall be permitted to live under -whateTi^er form 
of State GoTernment, Kepublicanin its character, and not in- 
consistent with the Constitution of the United States, and 
the laws passed pursuant thereto, we ma}- think proper to 
adopt. The right of a State, to adopt such Constitution, as 
its citizens consider most advantageous to themselves, subject 
only to the limitation above stated, has never been c[ues- 
tioned. .And, I am not yet prepared, U2}on doubtful grou^ids 
of tem]5orary expediency, to yield a principle of such vital im- 
portance. Believing the Federal Government has no right 
whatever to dictate to us, any amendment of our State Con- 
stitution ; and that the States have exclusive jurisdiction of 
all ofuestions hke this : and not willing to jdeld a principle so 
essential to freedom, and the dignity and honor of the State, 
I feel compelled to vote against the amrendment now proposed. 



NINTH DAY. 

Wednesday, August 23, 1865. 

The Convention met pursuant to adjournment. 

Prayer 1.)t the Eev. Mr. Pressley, (memlier of the Conten- 
tion. ) 

Journal of yesterday read and approved. 

Mr. Simonton, irom Committee on Enrolled Ordinances 
Mid constitutional amendments, submitted the following 
report : 

Mr. President : 

The Committee on Enrolled Ordinam*ces and constitutional 
amendments, respectfully report, that they lmve» examined the 
following ordinances and constitutional amendments, and find 
the BSLme correctly enrolled. 

An Ordinance adopted by the Convention 21st day of Au- 
gust, 18§5, in regard to Elections. Amendments to the Con- 
stitution of tli@ State of Mississippi, adopted b}' the 
Conyention on the 21st day of August, 1865, in regard to 
slaves, and conferring power on the Legislature in casGis 
therein. 

On motion of jMi*. Simonton, the report of the committee 
was received and agreed to. 

Mr. Sanders, of Attala, offered the following resolution, 
which was referred under the rule, to the Committee on State 
Constitution : 



A.i\ Ordinaocv. tc^ amend the Constitution of the State of 

Mississippi, fixing the seat of gOYemraent at the citj^- of 

Jackson, in the county of Hinds : 

Be U ordalThed by the pcovle of the State of Mississippi^ in 
Convention assembled^ Thst the 3d article, SOth section of th-9i 
Constitution of Mississippi, fixin^r the seat of government at 
t'he cit}^ of Jackson, in the county- of Hinds, be and the same 
is hereby repealed. 

Ilr. Watson, of Marshall, offered the following resolutiox^ : 

Resolved, That a Committee of three be appointed by the 
President, whose duty it shall be to prepare and report to th-e 
next Legislature, for its consideration and action, such 
.laws and changes in existing laws of this Sta.te, as to said 
(yommittce may seem expedient, in view of the amendmerits 
to the Constitution made by this Convention. 

On motion of Mr. Watson, 

The resolution was adopted. 

Mr. Yerger, of Plinds, offared the following resolutic':', 
which was adopted : 

Resolved, That the Committee on Enrolled Ordinances and 
Amendments to the Constitution be instructed to have the 
Constitution of this State, as amended, con*ectly enrolieil, 
which shall then be signed and attested by the President of 
tke Convention, and be hj him deposited in the office of the 
Secretary of State. 

Mr. Hudson, of Yazoo, oifered the following Ordinance : 

Be it ordained, That the special Courts of Equity heret:>- 
fore, and that liiay hereafter be established in this State \j 
the Provisional Governor thereof, be and the same are herel^-y 
recognized to be in existence, but that in all cases, the rig^ 
amd bonefit of exceptions, bills of exceptions, writs of error 
aad appeals from said court or courts to the High Court of 
l^krors and Appeals, for the revision and jiidgmt'nt of the 
latter court, shall be and arc hereby secured to any parfejr 
litigant ia said court or courts, who may desire the saaie,, as 
U now provided for and regulated by the laws of this State, Lh 
m.s^ of exceptions, writs of e*or, and appeals fSrom the 
Circuit and Chancery Courts of this State, to the said CoMrt 
c,»f Errors and Appeals ; and the said Court of Errors and 
Appeals shall take cognizance and jlLuisdietion of such cases, 
as in the case of Appeal and Writ of P^rror from the Circuit 
and Chanoei;j C-ourts of ohis State : Provided, that such 
snecial court-^. or.d the | ror^ediii^s had t'^crcin, after tjie 
courts known to the Constitution and laws of this State are 
established, shall not be recognized beyond the then unfinished 
and instituted business of the sarne, and the records and 
papers of said special courts shall, upon their expiration, be 
deposited in the office (>f the several courts of this State, iu 



MT5SISS1PPI CONSTiTUTIOXAL CO^tVEKTlON. 24o 

T^hose coimties the said special court or court'rf are or may be 
held, for the safe keeping thereof, and may be authenticate^^, 
thereafter. »a other records of said Circuit and ChanceTj 
Courts. 

On motion of Mr. Hudson, the above ordinance wa^s bM 
upon the table for the present. 

Mr. C'ompton. from select committee, submitted the fol- 
lowing report : 

Mr. Pr.E8IDEn-i' : 

The Committee appointcfi to t4ike into conbideration the 
pay of the officers and members of this Convention, have iiad 
the same under consideration, and beg leave to report, that U\ 
their opinion the compensation should be as follows, to- wit: 

President twelve (12) dollars per diem. 

Members (each) . eight (8) 

Secretary Sfty (50) 

Sergeant-atrarms eight (8) 

Door-keeper . . six (6) 

Pages (each) two (2) 

The President and members to receive eight dollars for 
t:v<iry- twenty miles of trs/vel in going to and returning from 
the Convention, on the most direct route. 
.\11 of which is respectfully submitted. 
On motion of Mr. Compton, the report was received. 
Mr. Hudson moved to lay the report upon the table, 
Which motion was lost. 

On motion of Mr. C/ompton, the report of the commKit.ee 
wws adopted. 

Mr. McBride, of Madison, submitted a Memorial from the 
members of the Board of Police of Madison county, relative 
trf.> Iawle!«6ness and demoralization existing in paid county. 
The ^lemorial being read. 

On motion of Mr. 2\IcBride, it was laid upon the table. 
Mn\ Malone, of DeSoto, offered the following resolution : 
Resolved, That the thanks of the delegates of this Conven- 
tion ai-e due, and are hereby -^ndered to the Hon. J. S. Yer- 
gm\, for the very able aiaid impartial manner iii which he has 
presided over its deliberations. 

On motion of Mr. Matthews, of Panola. 
The resolution was laid upon the table fc^ the present. 
On motion of Mr. Harrison, of Lowndes, the ConventioB. 
resv.'-ec' ^h^^ co'\4dera;*-ijn cf thj report of the Goi^iniitiee on 
State Constitntion, relative to submitting certain amendments 
of the Constitution, togetfeer with the ordinances adopted by 
liliis Convention to the qualified electors of Mie 8t«.te, for 
ratification or rejection. 

On motioH of Mr. Harrison. 

The report of the Committee ym,^ agree<l V>. 



2'i4: niOCKEDINGS AND DEBATES IX THE 

On motioii of Mr. Harrison, tlie C'onA^ention proeeedecl to the 
consideration of the ordinance to be entitled, "an ordinance to 
legalize and support tlie leuislative enactments of Mississippi, 
passed since tlie llth day of Januai-y, 1861, and for other pur- 
l^oses. 

The ordinance Ijeino- received, 

Mr. Marshall, of Warren, offered tlie following as a su])sti^ 
tute for the same : 

The people of ill e State of Missi>i!npi)l in. Coueentlon .assehi- 
hled. In order to quiet the public mind, and remove any doubt 
that may exist on the subject, do liereby ordain -and declare 
that the official acts of all pu])lic officers, whether legislative, 
executive, judic'al or ministerial, passed or performed since 
the 9th/.lii^^ of January, 1861: whether rightfully exercising 
the finictions of their respecti^'e offices or not, be and the 
same are liereby legalized to the same extent, as if this State 
had never dissolved, or attempted to dissolve, its connection 
with the United States. 

Mk. Mausiiall, of Warren — Mr. President: — According to 
the view I entertain, there is no action of this body necessary ou 
that subject at all. We have a public statute that covers all 
the ground that was intended l)_y the Committee, we could 
justly and legally cover. Tlie statute as it iiovf stands declare* 
in substance, what is declared by 3ny substitute. I think there 
can be little doubt, that the acts of all our officers, whether 
Mississippi be regarded one of tlie Confederate, or one of the 
United States, would be legal and liinding, without any legis- 
lation on the subject liy us. Suoh I hold to be the decision of 
all the Courts ot Great Britain, on similar subjects; and such. 
I have no doubt, would be the decision of the courts of this 
country ; but inasmuch as there may be some doul)t on the sub- 
ject, and inasmuch a« some individuals may feel uneasy in regard 
to transactions that occured during the existence of the war: 
and to allay anixety that may arise oh the subject, I have 
proposed this amendment. Some members ha,ve inquired, 
whether it would legalize legislative acts. I do not think 
there ought to be any doubt hi the mind of any one on that 
subject. Members of the Legislature, as well as Judges, Jits- 
tices of the Peace, and all other parties, acting by authority, 
would be regarded as public officers. This act eml^races aM 
public officers ; no matter whether they be State, District or 
County ; executive, legislative, judicial or ministerial. They 
are all embraced in the phraseology employed here, and it 
reaches, in a few w^ords, the end intended to be accomplished 
by the w^hole bill, with the exception, that it does not legalize 
or validate contracts, that may have lieen entered into during 
the war ; and that subject, I submit, the Convention has no 
power to control. If the contracts entered into by citizens of 



• MISSISSIPPI CONSTITUTIOXAL C3NVENTI0N. 235 

Mississippi, are valid now, they cannot be invalidated ; cannot 
be destroyed by any action of this Convention. If they are 
void now ; no action of ours, can make them vsJid ; and I do 
not think it necessary, to say anything by ordinance, on the 
subject. 

Mr. Martin, of Adams — Mr. President : — I think it is mv 
preferable to the report of the Committee, for some doubt 
would certainly arise, if the Convention undertook to make 
contracts valid ; and more confusion would result from it, than 
by leaving the matter as it stands at present, without interfer- 
ing with it at all. I think there ought to be an amendment 
to the substitute, so as to include legislative acts. 

Mr. Marshall, of Warren. — It was designed to reach the 
end suggested by the amendment I offered. If a legislator is 
not a public officer, I would like to know in what light he 
should be viewed. If he be a public officer, then there can be 
no question, but that this covers all legislative acts. 

Mr. Harrison, of Lowndes — Mr. President : — I am opposed 
to legalizing every act of the Legislature, and if that is the 
intention of the substitute, I shall be constrained to vote 
against it. I think in would be a very proper substitute for 
the second section of the bill. I have a substitute in my hand 
for the first section, and I think this would be proper for the 
second ; but I shall vote ai?ainst it as a substitute for the whole 
bill. 

Mr. Marshall, of Warren : The object was to be brief, 
and use no more words than was necessarj^ to convey the 
idea, but, if gentlemen prefer, the substitute may state all 
public officers, — legislative, executive, judicial, or ministerial, 
'Or use the words, " State, district, or county." The amend- 
ment is not intended, and does not purport to legalize any act 
that would not be legal, if the State had never dissolved i^^ 
-connection with the United States. 

Mr. Barr, of Lafayette : For the purpose of taking the 
sense of the House on this subject, I move to lay the substi- 
tute on the table ; 

Which motion prevailed. 

The first section of the Ordinance, as reported by the Com- 
mittee, being under consideration, 

Mr. Harrison, of-^ Lowndes, offered the following as a sub- 
stitute for the same : . 

Sec. 2. Be it ordained by the people of ike State of Missis- 
sippi, in Convention assembled, That all laws and parts of 
laws enacted by the Legislature of the State of Mississippi, 
since the 9th day of January, A. D. 1861, so far as the same 
are not in conflict with, or repugnant to the Constitution of 
the United States, and the laws made in pursuance thereof, 
or of the Constitution of this State, as it • existed on the 1st 
16 



236 PEOCEEDINGS -\ND DEBATES IN THE 

day of Januaiy, 1861, or in aid of the late rebellion, except 
the laws in relation to crimes and misdemeanors, and except 
an act entitled an act to enable the railroad companies of this 
State, to pay the monies borrowed by them, " approved 
December 7th, 1863," be and the same are hereby ratified and 
confirmed, and declared to be valid and binding from their 
respective' dates ; and tlie same shall remain in full force and 
effect, mitil altered or repealed according to law. 

]\Ie.. Harrison, of Lowndes — Mr. President : This substi- 
tute proposes not to ratif}^ the criminal laws of the land, at 
least those adopted since the first of January, 1861, for the 
reason that it would be an ex- post facto law, in my opinion, 
and unconstitutional. If the law is valid, there is -no use in 
latifying it, and I do not wish to. commit myself, or the Con- 
vention, *by doing what I consider purely unconstitutional. 
I therefore insert, " except the law in relation to crimes and 
misdemeanors." 

Mr. Jarnagin, of Noxubee, ofifered the following amend- 
Bient : 

Strike out the words, " in aid of the late rebellion." 

Mr. Jarnagin, of Noxubee : In offering this amendment 
I would simply remark, that the substitute leaves to the de- 
cision of every individual the question, whether these particu- 
lai' ^aws were in aid of the rebellion, or not. Now I think 
there are a great many laws passed by the Legislature since 
the 9th January, 1861, in regard to which it would be very 
difficult to dis.criminate whether they were in aid of the rebel- 
lion, or not. For instance, in regard to the issuance of the 
cotton money, it might be difficult to determine whether it 
was in aid of the rebellion, or not. The necessity certainly 
arose from the rebellion. A large amount of money was 
issued, to be expended for the benefit of the indigent of the 
State of Mississippi. The question would arise whether the 
act was passed in aid of the rebellion. 'It clearly grew out of 
the rebellion, and there vvould h.ave been no necessity of 
legislating upon that subject, and divers other subjects, if we 
had not been in a state of rebellion. If we can possibly 
make it more plain, and designate in a general way what stat- 
utes are intended to be valid, or what not, it will be much 
better. It leaves the whole question open for the courts to 
decide, and for every individual to form his own judgment 
whether any particular law was in aid of the late rebellion, or 
not. I wish to make it as definite as possible, and move to 
strike out the words, "in aid of the late rebellion." 

Mr. Houston, of Monroe — Mr. President: I shall vote 
against the amendment offered, for it seems to me that these, 
like aU other laws, will be for the consideration of the courts 
of .the country. There is nothing more indefinite in that part 



MISSISSIPPI CGNSTrrUTIONAL CONVENTION. 287 

of the ordinance, than there is in the portion of it which 
speaks of the validity of the laws which are not unconstitu 
tional with the Court of the United States, or the State of 
Mississippi. Who is to decide what laws are in contraven 
tion oi the Court of the United States, and the State of Mis 
sissipp: ? It is as much a question for the Conrts to decide 
what was. 

On motioii of Mr. Cooper, of Rankin, 

The amendment was laid on the table. 

The question recurring on the substitute offered by Mr 
Harrison, -^ 

Mr. Potter, of Hinds, offered the following amendmert • 
Strike out the words, " so far as the same are not in con- 
flict, <fcc to the words, - late rebellion," inclusive, and insert 
mneuthereoi, the words, "which would have been valid if 
enacted m time of peace." 

Mr. Yerger : For the purpose of testing the sense of the 
Convention, I move to lay the amendment on the table. Car- 

ih^l f ™'t°"' °^yf <'°' °^'<''^<^ ti^e following amendment to 
the first section, which was adopted : 

Provided That tlie acts of the Les-isiatiire of this State 
passed m Apn! 1 864, for the suppression of distilleries; and 
tne sale ol spirituous liquors, and declaring the slme to be 
a public and common nuisance, and all acts and laws author 
izmg the payment of dues to the State in Confederate money 
or notes snail no longer be in force, but are hereby declared 
henceforth inoperative. -^ '^"^"'^^ 

_ m,. Watsos, of Marshall : I cannot vote for the substitute 
in the form which it now stands. I regard every disJieiv 
that has been established in the State, efs an unmLuSdell 
and nuisance^ I cannot, by my vote, even under thl; ctcum 
tances m which we are iiow placed, legalize the dlstlUe-S 
taat have been erected, and have bein pouring forth thefr 
poisonous streams upon our population 

adSinfSproi'^"'""" ' "°'^ '" reconsider' the vote 

laid onTetblf '''■ '''''^''' ^^ ^^°='^*°'-' *'- ^^-^ was 

.tfoflSfbytrHa^rison'""'"^' '™"'""^"' "^ ""^ -'^^«- 
Provided Th^t all acts and laws authorizing the navmenf 

Watson] upholds. It was to. suppress the distilleries of the 



238 pROceemngs and debates in the 

State — the monopolists on that subject — and I propose to 
silence them at once. At this time, especially, I think they 
are an element of the greatest danger in our country. As to 
my amendment to suppress these things, I agree to go so far 
as any one else on that subject, and it was with a view to that 
end — not only of suppressing other distilleries, but those 
authorized to distil, that I offered the proviso. 

Mr. Watson, of Marshall — Mr. President : — The gentlemaa 
from Yazoo, I dare say, is correct in his understanding of this 
whole subject. I was in error to some extent. Now, sir, I 
do desire to suppress the two State distilleries, and I do not 
wish to abrogate the law passed for suppressing the many 
distilleries which had been established in the State. If the 
proviso offered by the gentlemen from Yazoo, (Mr. Hudson,) 
had been adopted, all the laws prohibiting distilleries would 
have been repealed ; and any one would have been at liberty 
to have established a distillery. That would have opened the 
very flood-gates of evil. It is true, that was done, without per- 
ceiving what the proviso of the gentleman from Yazoo inten- 
ded to do, under these circumstances, I shall move to amend 
the substitute before the house. 

Mr. Watson, then offered the following as an amendment 
to the amendment offered by Mr. Yerger, which was accepted 
by the lattqr : 

And jri'ovided, That all laws authorizing the distillation of 
spirits, on State account, etc. 

Mr, Jarnagin offered the following amendment, which was 
■^Iso accepted by Mr. Yerger, 

Provided fuAher, That this ordinance shall not make valid 
any act passed by said Legislature, which may conflict with 
any oi'dinance passed by the Convention. 

Mr. Watson offered the following additional proviso : 
Provided further, That all laws for the suppression of dis- 
tilleries and intemperance, passed in the year 1863 and 1864, 
are herebv revived as valid acts of the Legislature. 

Mr. Hxi-EKisoN, of Lowndes — Mr. President :— I have read 
the lavrs myself, and can state that they were intended as war 
measures, and did not profess to be for the suppression of 
intemperance ; but were passed to prevent the distillation of 
spirits, from peaches, apples, and any kind of fruit or vegeta- 
bles. They v/ere war measures to prevent our soldiers from 
being demoralized. There are a great many provisions in the 
lawsuit would ]3e competent for the Legislature to repass. 
I profess to be a friend of temperance myself ; at the same 
time, I do not see any reason why a man may not be allowed 
to distil a few peaches or apples, when the State _ has been 
thrown open for the introduction of foreign spirits. The 
laws are of no practical effect, and the Legislature meets in 



IIISSISSIPPI CONSTITUTIONAL CONVENTION. 239 

time to i^ass proper laws on that subject. The only effect of 
the law is to run from this time to the meeting of the Legis- 
lature, and I see no reason why we should press the question 
on this Convention, at this time. 

Me. Watson, of Marshall — Mr. President: — I am aware 
that unless these laws are of such a character as to be valid, 
and operate under the circumstances in which they have 
heretofore existed : in other words, if in violation of the 
Constitution of the United States, or the State of Mississippi, 
or if intended to aid the rebellion, then they would be held 
void ; but, in my judgment we shaU accomplish much, if we 
put them in force from this time, until the Legislature meets. 
In the town of Holly Springs, we have some half dozen retail 
estabhshments, for the sale of Hquor, and several of them are 
kept by negroes. Litemperance there, has became a very 
great evil. Now, I desire to suppress this intemperance. 
We have a distillery or two, in the county there, doing much 
miBchief. I desire these evils to be suppressed, and I never 
knew a law that was intended to suppress intemperance, that 
did not advance the pubHc good. On the day of our election, 
by an order from the mihtary authorities, the groceries and 
drinking estabhshments were closed ; and, sir, the order, pro- 
priety and sobriety that characterized every man in town, on 
that day, was most remarkable ; and I asked myself how it 
was possible, when that good effect resulted from the sup- 
pression of intemperance, was so manifest and incalculable, 
that the people having the subject under their own control, 
would suffer themselves to be inflicted by this great evil. I 
want something done to-day, to arrest it for the present, 
until proper legislation can be had. 

Mr. Morphis, of Pontotoc, moved to lay the amendment 
upon the table. 

Which motion was lost. 

The question recuring on the adoption of the amendment, 
it was decided in the negative. 

The question was then taken on the amendment offered by 
Mr. Yerger, and decided in the affirmative. 

On motion of ^Ir. Harrison, the first section, as amended, 
was then adopted, and is as follows, to-wit : 

Sec. 1. Be it ordainerl hy the people of the State of Mis- 
S'lssippi in Convention assembled^ That all laws and parts 
of laws, enacted by the Legislature i^i the State of 
Mississippi, since the 9th day of January, 1861, so far 
as the same are not in conflict with, or repugnant to, the 
Constitution of the United States, and the laws made in 
pursuance thereof, or of the Constitution of this State as 
it existed on the 1st day of January, 1861, or in aid of the 



240 PEOCEEDmGS AND DEBATES IN THE 

late rebellion, except the laws in relation to crimes and 
misdemeanors, and except an act entitled "An act to ena- 
ble the railroad companies of this State to pay the monies 
borrowed by them," approved December 7th, 1863, be 
and the same are hereby ratified and confirmed, and de- 
clared to be valid and binding from their respective 
dates ; and t'lie same shall remain in full force and effect 
until altered or repf^aled according to law : Provided^ 
That all acts and laws authorizing the payment of dues to 
the State in Confederate money or notes ; and all laws 
authorizing the distillation of spirits on State account, 
shall no longer be in force, but are declared henceforth 
inoperative: Provided further, That this ordir-ance shall 
not make valid any act passed by said Legislature, which 
may conilict with any ordinance passed by this Conven- 
tion. 

The second section being taken up, 

Mr. Harrison, of Lowndes, offered the following as a sub- 
stitne for the same : 

Sec. 2. Be it further ordained. That the official acts 
of all acting public officers of tlie State of Mississippi, in 
possession of any office, and exercising the functions 
thereof, since the 9th day of January, A. D. 1861, and 
done and performed under color of the laws of said State, 
and in pursuance thereof, and not inconsistent with the 
Constitution of tlie United States, and the laws made in 
pursuance thereof, or in aid of the late rebellion, be hereby 
legalized, ratified and confirmed, and declared to be lawful 
acts in regard to the persons interested therein, or affect- 
ed thereby, w^hether such person be lawfully entitled to 
hold such office or not, and whether such persons be law- 
fully qualified or not. 

Mr. Houston, of Monroe, moved to amend the substitute 
by inserting after the words, "the Constitution of the United 
States," the words : "or the Constitution of the State of 
Mississippi." 

The amendmeat being accepted by Mr. Harrison, 

Ml'. Cooper, of Rankin, moved to lay the substitute on the 
table. 

Which motion was lost. 

The third section was then taken up, when — 

Mr. Harrison,' of Lowndes, offered the following substitute 
for the same : 

Sec. 3. Be it further ordained^ That all official acts, pro- 
ceedings, judgments, decrees and orders of the several 
courts of the State, including the boards of county police, 



MISSISSIPPI CONSTITUTIONAL CONVENTION. 24:1 

regular upon their face, and rendered under color, and in 
the ordinary course of law, together with all sales made by 
judicial officers, executors, administrators, guardians, and 
all other persons acting in a fidicuary or ministerial capacity, 
in regular and due form, and where the same have been 
executed by the payment of the purchase money, are hereby 
legalized, ratified, and confirmed : subject, nevertheless, to 
the right of appeal, writs of error and supersedeas, accord- 
ing to the ordinary rules and forms of law. 

Mr. Barr, of Lafayette, offered the following amendment, 
.which was accepted by Mr. Harrison ; 

Provided, That in all cases in which judgments have been 
rendered in the Circuit Courts in this State since the 9th day 
of January, 1861, and prior to this date, the party against 
whom such judgment has been rendered shall be entitled to 
a new trial, upon his filing an affidavit that he was unavoid- 
ably absent from the court where the judgment was rendered, 
at the time of its rendition, and that he had no attorney 
present in the court, and that he believes that the judgm.ent 
is unjust. 

Mr. Bare, of Lafayette — Mr. President : — I desire simply 
to state, that this is intended to cover cases where jndg*ementa 
were rendered by the Circuit Courts, and the parties were 
absent at the time. It has come to my knowledge, that in 
two instances, judgments have been 'rendered in the Circuit 
Courts, in which grea^t injury has been done to the parties, 
who were not there. It is but just, that these parties, who 
were necessarily absent, when the judgemnts were rendered ; 
who were not represented, and had no hearing, personally or 
by attorney, shall, upon making the affidavit, have a new 
trial. 

Mr. Harrison, of Lowndes — I accept the amendment. I 
think the word is broad enough to cover all official acts of 
every description. 

Me. Houston, of Monroe — For that very reason, I shall 
feel myself constrained to vote against the substitutes. It 
leaves the question open for litigation, and great- hardship 
might be done to parties, who had made purchases. It may 
be determined by the Courts, that the sales are legal ; and in 
many cases, property was sold for ten times its real value, in 
coin. Pa3'ment was made in Confederate notes, while the 
only money known to the Constitution is gold and silver. It 
would be a very great hardship, to leave that an open question ; 
perhaps to be decided by the Courts, that the parties were- 
paid for the property purchased in good mone3^ at Confeder- 
ate prices. For that reason, I desire something should be 
said in reference to that, and that it shall not be left an open 



242 l^EOCEEDING-S AND DEBATES IN THE ' 

question, so tliat the value of the property, at the time of the 
sale, may be investigated by the Courts of the country ; and 
the party may not be compelled to pay more than what was- 
the real value in Constitutional money. "Dollars" in notes, 
means dollars in gold and silver. I shall have to vote against 
this proposition, unless there can be some amendment inserted 
to allow these questions to be investigated, and inquiry made 
as to the real value of the property. 

Mr. Harkison, of Lowndes. — I would suggest to the dele- 
gate, that in my judgment, he is doing what he does not intend 
— ^running on the evil he desires to avoid. We leave the ques- 
tion Yfhere the party has purchased with Confederate money, 
to be litigated. If the gentleman can devise any proviso, by 
which the desired end can be reached, I have no objection, 
and should be glad to have it done ; but I have not been able 
to frame one. My idea is to leave it to stand where the law 
places it. If the sale was made b}'' an officer who was not 
authorized to do it, let the party plead that fact. If he agreed 
to pay five times the value, in Confederate money, he must 
plead that ; but I know of no amendment by which that can be 
j*eached. I do not think the gentleman ought to vote against 
the whole proposition for this reason. 

Mk. Houston, of Monroe. — I understand the substitute to 
be this : That all the action, not only of the Courts, but of ad- 
ministrators, executors, and all persons acting in a fidiciary 
capacity, shall be ratified by this ordinance. If you ratify 
these acts ; if the administrator or executor has gone on under 
t^e order of the Court, and sold the property ; we ratify hig 
act in the sale, as well as the act of the Com-t, in making the 
order. We have ratified the whole transaction, and thereby 
made the parties purchasing the property, liable to pay for 
&e propeRty, under that purchase. The difficulty which I 
have, is where the party has given his note for so many dol- 
lars. How can the party get testimony before a Court, to say 
it did not mean gold and silver ? For the purpose of avoiding 
■'ihis difficulty, I propose this amendment : 

Provided, That in cases of sales made as aforesaid, and in 
all other cases in which parties have executed notes or ob- 
ligations for the payment of money, parol testimony shall be 
admitted to show tlie real value of the property at the 
time of sale, and that siiali be the measure of indebted- 
ness of the parties. 

Mr. Yergee, of Hinds. — I shall not support the proviso 
offered by the gentleman from Monroe, (Mr. Houston.) In 
the first place, I do not think we ought to legislate at all, in 
reference to private sales ; but leave ihem to stand where they 
ptood, under the laws, at the time. In regard to judicial sales, 
I tliink it is r.ic:ht £oi.d proper, where, the contracts have ,.not 



mSSIsaPPI CONSTITUTIONAL CONVENTION. 243 

been executed, that the parties should be relieved, unless they 
agree to a fair value of the property, at the time of the sale. 
If the proviso is not adopted, I shall oifer one that will i^ro- 
bably cover the ground. 

Mr. Simonton, of Itawamba, offered the following amend- 
ment, which was accepted by Mr.> Houston : 

Provided further^ That executors, administrators and 
other officers acting inafidicuary capacity, shall have power 
to compromise and agree with persons against whom they hold 
notes, bonds, judgments, or other evidences of debt, as to the 
real value of the property for which such evidences of debt 
were given, subject to the approval of the judge of probate 
of their respective counties. 

Mr. Hudson, of Yazoo. — The substitute does not give any 
reason for the absence of the party. I think he ought to be 
required to state that he was unavoidably absent ; or not able 
to be present, in consequence of which injustice was done. As 
it now stands, he may have been able to be present, and was 
unintentionally absent. I insist that he should be required 
to say that he was unavoidably absent. 

Mr. Jarnagin, of Noxubee. — If I understand it from the 
reading, it is to ratify the acts of the execntors and adminis- 
trators, in a sale where the money has been paid, so far as the 
administrator or executor is concerned. Almost all the sales 
which took place after January 9th, 1861, were sold, not on 
time, but for cash. If the order of the Probate Court is ratified 
making the acts valid, it will do great injustice to the minor 
children. For instance, an administrator sells to the amount 
of ^30,000 or 840,000, which was received in Confederate 
money, which is now in the hands of the administrators. — 
Shall we look alone to the relief of the administrator ? In 
other words, does this go so far as to legalize the acts of the 
administrator, and authorize his setttlement with the Probate 
Court, by bringing in this Confederate money V If you do 
this, you bankrupt all these estates. If he has acted in good 
faith, and kept the money in hand, of course the children will 
not get a dollar. I wish to leave the administrator or executor 
without any ratifications whatever of his acts by us. 

The amendment was then adopted. 

Mr. Watson, of Marshall — Mr. President :— I beg to sub- 
mit a proposition in lieu of the amendment of the delegate 
from Monroe, (Mr. Houston.) I think that gentleman goes 
a little too far. If a party sees fit to pay a thousand dollars 
in specie, for property worth five hundred, we cannot help it, 
or interfere with such a contract, or impair its force or obliga- 
tion. But we can do this : The parties generally contempla- 
ted nothing but Confederate money. I knovf instances in 



'2±4: PROCEEDINGS AND DERATES IN THE ' 

which a party agreed to give two thousand dollars for a house, 
which both parties understood was worth $156 or S200, in 
specie, and they contemplated payment in paper money;, yet 
the note was written for tvro thousand dollars, without specify- 
ing Confederate money ; and by the laws there is no relief ; it 
is a writing, and there is no fraud, surprise or mistake. The 
parties wrote down one thing and meant another. It is ad- 
missable by law, to say parol testimony shall be heard to es- 
tablish the true intent and meaning, and say what in specie is 
the proper amount to be recovered to do justice, and to meet 
that case, I propose this amendment as a substitute for the 
original proviso, which I hope the gentleman will accept : 

pTomded, That in cases of sales made as aforesaid, and 
in all other cases in which a party has executed a note or 
agreement in wrtiDo- for the pa3"ment of money, parol tes- 
timony shall be admissable to prove whether or not such 
contract contemplated specie or currency, and to show what 
amount in specie the payee or obligee has a right equitably 
and justly to demand or recover. 

Mr. Houston, of Monroe — I cannot accept the substitute for 
this reason : It can conceive of no mode by which v/e can get 
at the true intent and m.eaning ot parties in ail casses. Very 
often. Probate Coui'ts have made orders for the sale of pro- 
perty, for Confederate money, Agam, the^^ have made orders 
for the sale of property, for gold and silver ; and again, on 
credit, without specifying in what it should be paid. Suppose 
in a case of that character, parties go aiid make a purchase at 
that sale ; how are we, by parol testimony, to ascertain what 
was the true intent and meaning of the parties. There was 
no agreement between them. The property was offered for 
sale, by order of the Court, which we render valid, by om: 
action, and the other party goes up, and purchases it at a 
price, greatly beyond its real value, in the legal currency of 
the country, and we have no means of arriving at the fact of 
what was the agreement between them. One party may have 
intended to pay in Confederate money, and there was no 
agreement between them. But, in the proviso I have pro- 
posed, amending it, we can arrive at substantial justice to all 
parties. 

Mr. Jonhson, of Smith. — There have been so many amend- 
ments and provisos offered, that is a diiRcult matter for m^ to 
tell what is before the Convention. There are still other 
amendments proposed, and I move that this section and 
amendment be re-eommitted to -the Committee, with instruc- 
tions to report as soon as possible. 

The motion to refer was lost. 

Mr. Watson, of Marsliall — Mr. President :— I think it ought 



?-IISBISSirPI C-ONSTITuTTOXAL CONVENTION. 245 

to be competent to prove vrliat was the intention and meaning 
of the parties. A Sale is advertised ; parties assemble, and a 
horse is brought ont, and the}' begin to bid, 8500, 81000, 81,- 
500 or 82000 : when every one knows, if specie was in con- 
templation with the parties, they wonld bid, #50, 860, $70 or 
$80. Persons present could determine, whether or not, the 
sale contemplated specie or currency ; and so in transactions 
between other parties. The time at which the transaction was^ 
made ; the circumstances concerning it ; the fact, that every- 
thing was contracted with reference to Confederate money ; 
are facts, which would abundantly satisfy any jury, as to 
whether the contract contemplated specie or currenc;f ; and 
while we have a right to reduce the recovery to what is justice 
and equity, we have not a right to go back and determine 
w^hatthe purchaser agreed to give more than the object was 
worth. It is impairing the obligation of contract. The note 
has been given for 82000 ; and it obviously contemplated 
^ Confederate money. The true plan is : what was the 82000, 
worth in specie ; and not what the horse was worth ; which 
wQ.uld be attempting at once to impair the obligations of a 
contract. 

Take the other view, and ascertain what the parties really 
intended to get on the one hand, and to receive on the other, 
and reduce that to the specie standard, and we are just enforc- 
ing contracts which we have a right to do. 

Mr. Jarnagin, of Noxubee. — There are a great many con- 
tracts, where the debt is not due, in which Confederate money 
was specified. I seems to me, the amendment does not go far 
enough ; and I shall be compelled to vote against it, imless it 
goes farther than is contemplated. 

The amendment was adopted. 

Mr. Jarnagin, of Noxubee, offered the following amendment : 

And provided further, That any executor, administrator, 
guardian or other fiduciary agent, vmo shaU have been guilty 
of any neglect of legal duty, in his or her fiduciary capacity, 
shaU not be legally hereby protected against the legal conse- 
quences of such neglect or failure in his or her legal duty. 

Mr. Harrison, of Lowndes, moved to lay it on the table, 
which was carried. 

The third section, as amended, was then adopted, and is as 
follows : 

Sec. 3. Be it further ordained^ That aU official acts, proceed- 
ings, judgments, decrees and orders of the several Courts of 
this State, including the Boards of County Police, regular 
upon their face, and rendered under color, and in the ordinary 
course of law, together with aU sales made by judicial officers, 
executors, administrators, guardians, and all other persons 
acting in a fiduciary or ministerial capacity, in regular and due 



246 PKOCEEDXNGS AND DEBATES IN THE 

form, and. where the same have been executed, by payment 
of the purchase money, are hereby legalized, ratified and con- 
firmed ; subject, nevertheless, to the right of appeal, writs of 
error and supercedeas, according to the ordinary rules and 
forms of law : Provided, That in all cases, m which judgments 
have been rendered in the Circuit Courts, in this State, since 
the 9tli January 1861, and prior to this date, the party against 
whom such Judgement has been rendered shall be entitled to a 
new trial, upon his filing an affidavit that he was imavoidabl}*- 
absent from the Court when the judgement was rendered, at 
the time of its rendition, and that he had no attorney present 
in th*e Court, and that he believes that the judgment is unjust : 
Provided, further. That in cases of sales made as aforesaid^ 
and in all other cases in which a party has executed a note or 
a^eement in writing, for the payment ^of the money, parol 
testimony shall be admissabie to prove whether or not, such 
contract contemplated specie or currencj^ and to show what 
amount in specie the payee or obligee has a right equitably 
and justly to demand or recover: And irrovided further. That 
executors, administrators and other officers acting in a fiduciary 
capacity, shall have power to compromise and agree with per- 
sons, against whom they hold notes, bonds, judgments or 
other evidences of debt, as to the real value of the property^ 
for which such evidences of debt were given ; subject to the 
approval of the Judge of Probate of their respective counties. 

On motion of Mr. Harrison, 

The 4th, 5th, 6th, 7th, and 8th sections of the ordinance as- 
reported by the Committee, were stricken out. 

Mr. Harrison, offered the following as a substitute for the 
9th section : 

Sbg. 9. Be ii further ordained, That all marriages entered 
into in this State since the 9th day of January, 1861, by per- 
sons capable of contracting, are valid and binding, and are 
hereby ratified and coniirmed, and declared to be legal and 
valid from their respective dates, whether celebrated with 
the usual forms and ceremonies or not. 

Mr. Simonton, of Itawamba, offered tlie following amend- 
rcent, which was adopted : 

S^C. 5. Fromded, That it is i:ot intended by this ordi- 
nance to validate or invalidate the act of any officer or per- 
son acting as an officer, in receiviDg any monies payable to 
the State from the railroad companies, but to leave the same 
subject to adjudication by the courts in the future. 

The question was then taken on the adoption of the ordin- 
ance as amended, and decided in the affirmative. 

Mr. Sini'Ontoii, of Itawamba, offered the following resolu- 
tion, 



MISSISSIPPI CONSTITUTIONAL CONVENTIK". 247 

Which was adopted : 

Resolved, That the President be authorized and dii-ected to 
order the orinting of a siiffieieiit number of blank writs of 
election, ^vich the ordinance in regard to elections, passed bj 
this Convention attached, to be filled up by him, and directed 
to the Sheriffs of the several counties in the State. 

On motion of Mr. Peyton, of Copiah. 

The Convention adjourned until 4 o'clock, F. M. 



FOUR O CLOCK, p. M. 

The Convention met pursuant to adjournment. 
The President appointed as the Committee to prepare and 
report to the next Legislatue. for its consideration and action, 
such laws and changes in existing laws of this State, as to said 
Committee may seem expedient, in view of the amendments to 
the Constitution, made by* this Convention: Messrs. A. H , 
Handy, of Madison: E. J. Goode, of Lawrence; and W.Hem- 
ingway, of Carroll. 

Mr. Simonton, from the Committee on Enrolled Ordinances 
and Constitutional Am.endments, sulimitted the following re- 
port : 

Mr. President : — 

The Committee on Enrolled Ordinances and Constitutional 
Amendments respectfully report: -That they have examined 
an ordinance adopted by the Convention, on the 22d day of 
August, 1865, entitled an ordinance in relation to the OrdiB- 
ance of Secession, and the other ordinances and resointioiis, 
adopted by a former Convention, held in the City of Jacksoa, 
on the 7th day of January 1801, and on the 25th day of MarcJi^ 
1861, and find the same correctly enrolled. 
On motion of Mr. Simonton. 
The report was received and agreed to. 
Mr. Johnson, of Marshall, offered the folio wicg resoiutioa : 
Resolved, That in the opinion of this Convention, the accu- 
mulation of a redundant population of Freedmen, in particular 
localities ; and thereby the fearful prevalence of pa-'iperlsjp,, 
should be guarded against if possible : and this end, that a ju- 
dicious system of colonization should be adopted ; and ■ the 
Senators and Representatives, who shall be elected from tfeis 
State, be requested to promote the same. 
On motion of Mr. Barr, ot Lafayette, 
The resolution was indefinitely postponed- 
Ml*. Harrison, from the Committee on State Constitutioa, 
submitted the following report : 
• Mr. President : 



2*8 PliOCEKMNGS AND JiKBATKS I_\ TjlE 

:The Committee on the Constitution, to wiioni wa, refevrprl 
an ordinance to amend the Constitution of t!.e State f^n 
the seat of Government, at the City of Jackson! in thlco^;^! 
Oi Hmds, • beg leave to report:- That they adhere to the on " 
Jon expressed In their first report, submitted^ alorlX' 
vt n he "^Vnf''"?' °' 5'™P"-, at thepresenttimetoen^i' 
into other or further a derations or amendments of the Const! 
tution upon its g^neival prorisions." and accordinoh- ther re 
commend that the proposed ordinance do not pa ^ ' '' ''" 

On motion of Mr. Harrison, 

The report was received and agreed to 

Sec™1*T' 1^"^";' ^''T'^ ''y '"^^""S ordinance : 
ole of the ConstUHtion of the State of Mississippi be 4 am'u 

fetabl.shed in each county in this State, with iurisdictio in 
all matters estamcntary, and of adnnnistrat on to m^r^' 
business, and allotment of dower, in case., of diocv a^Ttm 
acy, and of person., non eomj>o, metis. The Jnte oi^ saS 
Court slia.l lie elected by the qualified cloo(or« of the t^ 
spective counties for tiie term of two yen'r , ' ''" 

An Or^^''"'-."^, ^""'^'°' °«''=^«' «'« followino.ordinai.ce- 

and"SroVH;;rocv"'"".^""""^^^'*''-^weth:^s^^^^ 

lars, each, until the K a Iv nf « q;^?''*' lumdred dol- 
-aUbylaw,increL^ro;l^;-r|^^^^^^^ 

s^£^^^^^-^:' "^^ *^- ^""-^"S' ordinance, 
An ordinance to submit Article eio-lif of fhn p^,..-^-^ ^- 

of thP stnfe !f +f ^' ^^^^^^^itted to the qualified voters 

y yjtioD^v next, for their ado.ption or rejection. 



MISSISSIPPI CONSTITUTIONAL CONYENTION. 24^ 

Sec. 2. The returning officers of the several election pre- 
cincts of each countj^ shall propound to each voter, as he pre- 
sents his ballot : "Amendment, or NO Amendment ;" and the 
voters who may be in favor of adoptmg said Article eight, as 
a part of the Constitution of the State, shall answer : "Amend-, 
ment ;" and those who may be opposed to it, shall answer : "no 
Amendment." 

Sec. 3. The Clerks of election of each county shall keep a 
correct account of the number of votes cast, for and agamst 
said Article eight, and the returning officer of .each county 
shall make due return thereof to the Secretarj^ of State ; and 
if it appears from the full returns that of those who voted on 
said proposition, a majority voted in favor of said Article 
eight ^ then the Governor of the State, shall issue his procla- 
mation, declaring that fact, and that said article is a part of 
the Constitution of the State ; but if it appears that a majority 
voted against said article, then the Secretary of State shall 
make report thereof to the next Legislature, and it shall be 
the duty of the Legislature to strike out said article from the 
Constitution. 

Sbg. 4. It shall be the duty of the President of this Con- 
vention, to call the attention of the Sheriffs to this Ordinance, 
in the writs of election, which this Convention has directed 
him to issue. 

I^Ir. Yerger, of Hinds, moved to lay the ordinance upon the 
table. 

Which was decided in the affirmative, by yeas and nays, 
called for b}' Messrs, Johnson, of Smith ; Johnson, of Maxshall ; 
and Brown, as follows, to-wit : 

Yeas — Mr. President, Messrs. Billups, Binford, Brandon, 
Byars, Cason, Cooper, of Rankin, Cooper, of Panola, Crum, 
Goode, Gully, Hall, Hamra, Harrison, Hemmgway, Home, 
Houston, Hurst, Iiudson, Jarnagin, Johnston, of Hinds, 
Johnson, of Choctaw, Jones, King,' Lewis, Loper, Ma^rshall, 
Martin, of Adams, Martin, of Sunflower, Matthews, Montgom- 
ery, McBride, Niles, Owen, of Tunica, Peyton, Pressley, Quin, 
Rushing, Sanders, of Attala, Sessions, Simonton, Slover, 
Maury, Stricklin, Tate, Webb, Wilson, Wooley, Wylie, Yerger. 
—50. 

Nays. — Messrs. Barr, Bailey, Biackwell, Bond, Brown, Car- 
ter, Compton, Crav/iord, Cummings, Dorris, Dowd, Duncan, 
Franklin, Gaither, Gowan, Griffin, Heard, HfU, Johnson, of 
of Marshall, Kennedy, Lambdin, Lewers, Lindsey, Malone, 
Morphis, Owens, of Scott, Phipps, Potter, Reid, Reynolds, 
Rives, Sanders, of DeSoto, Sparkman, Stanle}^ Stone, Swett, 
Trotter, Wallace, Wall, Watson, White, Wier, Woodward. — 
44.- 



250 PROCEEDINGS "and DEBATES IN THE 

Mr. Harrison, of Lowndes, from the Committee on State 
Constitution, submitted the following report : 

Mr. President : — 

. The Committee to whom was referred an ordinance, in re- 
lation to changing the 18th section of the 4th article of the 
Constitution, report : That they recommend that the same do 
pass. 

On motion of Mr. Yerger, Of Hinds, 

The report was received and agreed to. 

On his further motion, the ordinance was adopted. 

The ordinance oifered by Mr. Hudson, in relation to Special 
Courts of Equity, was then taken up. 

On motion of Mr Hudson, 

The ordinance was adopted, 

Mr. Eeynolds, of Tishomingo, called up the resolution in- 
structing the Committee on State Constitution, to report an 
ordinance, extending the jurisdiction of Justices of Peace. 

Mr. Johnson, of Smith, moved to reconsider the vote, bj 
which the report of said Committee on this subject was agreed 
to on a former day. 

Mr. Harrison, of Lowndes. — I am utterl}^ opposed to 
taking away the right of trial by jury, where it is conferred by 
the Constitution of the United States, and the State of Missis- 
sippi, and giving it to the Justices of the Peace. So far as I 
am individually concerned, I have never had any great ad.- 
miration for these judicial tribunals ; though they are very 
necessary and proper, and very respectable. It is proposed 
to change the jurisdiction of Justices of the Peace, in cases 
of promissory notes and obligations, from 850 to #150. It 
w4ll be a peculiar hardship on the poor man. They serve their 
process, in from five to ten days, and can give judgment in 
ten or fifteen days. 

Mr. Duncan, of Tishomingo. — A man goes into the Courts 
of the country, on a note of 850, and will have to pay an 
Attorney from 85 to 810 ; so that it would cost from 815 to 
820, in the Court. It is to save cost that the amendment is 
proposed. A little money goes a long ways now, with a large 
majority of the citizens of the'State. A Convention may not 
be assembled again for twenty jears ; and I hope this act of 
justice to the people will be extended to them by this body. 

Mr. Harrion, of Lowndes. — The idea that because a man 
has a note, there* is no litigation, I do not think at all con- 
clusive.- It is merely e^ddence of indebtedness, and that is 
all, and if the object is to decrease the cost, the Legislature 
can make the cost less in the Circuit Court ; but the mere idea 
that'if it is brought into the Circuit Court, it will save cost, 
would not be sufficient, I think to justify us in taking this step. 



MISSISSIPPI GONSTITUTrONAL CO^sYB^sTIcm . 251 

Before a Justice of the Peace, tliese things will be expedited 
ill favor of the creditor. 

Mr. BEoYfK, of Yailobusha. — I think the jurisdiction of a 
Justice of the Peace should be extended. If an officer is ca- 
pable of giving a correct decision upon an account of 85Q, lie 
can do it where 8500 is involved ; but limiting it to 850, the re- 
muneration is so small, that it is Impossible to get a man who 
18 qualified, to discharge the duties of the office, and to accept 
it. It is a farce as it stands, and yet, we camio.t well dispense 
with it. If the right of appeal is allowed, the party can take- 
it to another Court, 'and employ cousisel, and I think it is right 
the jurisdiction should be extended. 

Mil. JoHJTSTOM, of Hinds. — The right of appeal exists from 
the Magistrate's Court very properly, and it seems to me that 
this w^ouid be unjust to the debtor, in this : that it would in- 
crease the cost. If a man was sued for a debt of one or two 
hundred dollars, and judgment rendered, an appeal vf ould be 
taken to the Circuit Comt, and there is a double bill of costs. 
If an Attorne}^ could be dispensed with at the Magistrates, it 
certainly could not be dispensed with at the other Court. 

Mr. Reynolds, of Tishomingo. — ^I think w^e had better ex- 
tend the jurisdiction of Magistrates. I was ten years in the 
Legislature, and I do not think that there >yas a year in which 
there was not a bill introduced to extend tills jurisdiction. If 
the people desire it, let tliem have it. I do not think the Con- 
vention should refuse to conipiy wdth the demand ; for if the 
Magistrate has the right to try cases without the interpositioii 
of a jmy, the right of appeal exists. lam satisfivl '; '-lei- 
it will diminish cost or not ; whether it will be in f: ■ ' ^he- 

debtor or creditor, the people all demand and want U v>ill 

■require but little trouble for it to be done by this C.;. , . ,- cion, 
and I think it should be done, xsq liarm can result, and pro- 
tection t') the debtor and creditor, plaintiff and defendant. 
would be given by securing the right of appeal. 

Ms. . JoHXSON, of Smith — Mr. President: There are two 
strong objections to this amendment at this time— ^admittin^- 
that it would be proper at ordinary times. 

In the first place, it opens the question of general amend- 
ments to the Constitution — for I suppose there are very few 
members here, but what might wish to introduce an ordinance'- 
r)ropo8ing some change therein. 

Another objection is this : Some persons apprehend that 
suits will be prosecuted as soon as the courts are restoiJed, on 
account of notes held, and that there is, consequently, great 
danger of a sacrifice of property. I think this very probable, for 
persons can prosecute suit to judgment in the course of 
eight or nine days, and have execution issued in ten or fifteen. 
I was i' 'V>rmed by a member of this Convention, that he had 
17 



.252 PliOCEEDTNG?^ ANI> DEBATES lis THE 



placed in his hands, a short time ago, one hundred and twea 
ty-five thousand dollars, in notes, &c., for collection. Now 
if people holding these large claims, proceed, forthwith, to 
sue upon them before Justices of the Peace, they get judg 
ment and execution in so short a time that there is unques 
tionably danger of a great sacrifice of property. 

Mr, Martin, of Adams : From my ex|)erience at the bar, 
my business and that of other members of the legal profes 
sion, would be increased by sustaining the proposition ; but, 
as a member of the Committee, I have committed myself oa 
the subject. I shall vot^ against it, so that we cannot be 
accused of voting otherwise than disinterestedly in regard to 
this matter. I think the jurisdiction now given to magis 
trates is about as extended as it ought to be, and if we open 
these subjects for legislation, there is no telling when we can 
get through. I am opposed to going into general amend- 
ments to the Constitution. / 

Ms. MoRpnis, of Pontotoc — Mr. President : Not being 
lawyer, I do not look upon this subject from the same stand- 
point as the last gentleman. My experience has been, that 
men are apt to act from a little selfish interest ; and lawyere 
being interested in litigation, it is my opinion, that it would 
bring djout more litigation, — these gentlemen would be likely 
to favor it, — from 'which reason I believe that this project 
does not commend itself to them in a pecuniary point of 
view. I Imow that my constituents would be much pleased 
to have the proposed step taken, and therefoi*e I shall vote 
for a reconsideration. 

Mr.. Johnston, of Hinds—Mr. President : The remarks of 

the ^>t5iitleman irripugning the motives of those who take i 

difieront view of the question from himself, are entirely un 

,"' ^ or. Certainly we should all be actuated by a desire of 

■:;>f vrTiK'ii is for the good of the people, but the gen 

^ , r.ne that the legal profession seeks only 

. cnu and that he is the peculiar guardian 

' .0 people — whicli I deny — considering 

.jiyc,. 1 ■': . ^" 'ond of the people as he possibly can 

be. • - . , 

f: rned, the practice in the magistrates- 

r.,j-: 3 importance ; but I believe, with the 

o-entle^r [Mr!" Martin] that an extension of 

their jii 1 icrease our practice. Where »iagit 

trates i?.re iuvesied with extraordinary power, the parties may 

undertake to manage their own cases, and so certainly as they 

do, they must employ an attorney, and pay him a large foe 

to unravel the case, when it is appealed to the Cu'cuit Court 

I am not in favor of an extension of this jurisdiction, for 

this simple reason—that I think it would be a great injury to 



MISSISSIPPI CONSTITUTIONAL CONVENTION. 253 

he people, if done. If they have been trying to do so, for 
the last fifteen or twenty years, the legislation taken thereon, 
goes to show that the people have opposed it. 

In conclusion, I would suggest to the gentleman from 
Pontotoc, [Mr. Moi-phis] that some thirty-six members of 
this Convention are lawyers, who have been trusted by the 
people of the Staie, and that in face of that fact, the gentle- 
man should not attribute to us such narrow and selfish views. 

Mr. Coopes, of Eankin — Mr. President : I am opposed to 

he reconsideration of this matter, because I think that if there 

ver was a time when the people of the coimtry should receive 

indulgence from creditors, now is the time. If the legislature 

hould give the extended jurisdiction proposed, to these 

magistrates, it would enable those persons holding large 

mounts of notes to force collection from the people. — 

For that reason, if for no other, I am opposed to meddling 

with the law as it now stands. 

The question was then taken on the motion to reconsider, 
and decided in the negative, by the following vote — the yeas 
:0.nd nays being called for by Messrs. Duncan, Slover, and 
Morphis : . 

Yeas. — Messrs. Blackwood, Bond, Brown, Byars, Cason 
Cooper, of "Panola, Crawford, Crum, Cummings, Duncan 
Hill, Johnson, of Marshall, Kennedy, Lowers, Lindsej, 
Malone, Matthews, Morphis, Pressley, Reynolds, Sanders, of 
DeSoto, Simonton, Slover, Sparkman, Stanlej^ Tate, Wallace 
White, Wier, and Wylie— 31. . 

Nays. — Mr. President, Messrs. Barr, Bailey, Billups, Binford 
Brandon, Carter, Compton, Cooper, of Rankin, Davis, Dorris 
Dowd, Franklin, Gaither, Gowan, Goode, Grifhii, Gulley, HaU, 
Hamm, Harrison, Heard, Hemingway, Home, Houston 
Hudson, Hurst, Jarnagin, Johnston, of Hinds, Johnson, of 
Ohoctaw, Johnson, of Smith, Jones, King, Lambdin, Lewis 
Loper, Marshall, Mai-tin, of Adams, Martin, pf Sunflower, 
Maury, Montgomery, Mayson, McBride, Mies, Ovfen, of 
Tunica, Owens, of Scott, Peyton, Phipps, Potter, Quin, Reid 
Sanders, of Attala, Sessions, Stone, Strickiin, Swett, Trotter, 
WaU, ¥7ebb, Wilson, Woodward, Vfooiey, and Yerger. — 64. 

Mr. Watson, of Marshall, offered the following ordinance : 

Beit ordained hy the people of the State' of Mississippi in 
Convention assembled, That the 25th section of article 3, of 
the State Constitution, so far as it prohibits an increase of 
the compensation of members of the Legislatuie from taking 
effect during the session at which it is made, be and the same 
is hereby suspended, until after the close of the next session 
of that hodj. 

On motion of Mr. Watson, the rule requiring constitutional 
amendments to be referred to the select committee on tSiaA 
-Subject, w^as suspended. 



254 PEOCEEDmGS AND DEBATES IK THE 

Mr. Hudson mcivcd to refer the Ordinance to ^icl Oom- 
mittee, 

Which motion was lost. 

The question was then taken on the adoption of the Ordi- 
nance oifered by Mr. Watson, m 

And decided in the affirmative. 

Mr. Barr, of Lafayette, oifered. the following : 

"Amend the 7th section of the -yLth article of the Consti- 
tiiition of the State, so as to read thus : 

''The High Court of Errors and Appeals, will be held at 
least once in each year, at the seat of government; and at 
such other place or places in the State, as the Legislature 
may direct. 

Mr. Watson, of Marshall — Mr. President : As the Constitu- 
tion now stands, it is not competent for the Legisiatore to 
order a session of the High Court of Errors and Appeals to 
be held at any place but at the seat of government. This 
inconvenience was felt to be so great, that some jeavs ago, 
the legislature passed a law requiring that Court to meet at 
Oxford, to hear arguments, &c., but they could render no 
decision there, under the Constitution, and therefore had to 
return here in order to do so. It worked so badly that the 
law was repealed. 

I believe that Mississippi is now the only State in theUniou 
whose High Court of Errors is held at but one point. 

One great objection against holding the Court at more thau 
one place, is the usual v/ant of a library. At Oxford, the 
University .has a very good library, and that was constantly 
on the increase before the war. There are also two very good 
buildings which the trustees could convert into a court room^ 
and accommodations for the members of the bar and bench. 
The High Court would be a matter of interest in connectioii- 
with the law class of the University, and the arrangement 
would, besides all this, accommodate a large number of the 
citizens of the State. 

I therefore wish to have the prohibition removed, so that 
tile Legislature can at least exercise its discretion on that 
subject. 

On motion of Mr. Barr, the rule requiring amendments to 
the Constitution to be referred to the select committee on that 
subject, was suspended. 

On his further motion, the Ordinance was adopted. 

Mr. Hudson oifered the follov/ing resolution, 

Which was referred, under the rule, to the Committee on 
State Constitution ; 

Eesolved, That the Committee on Constitution be instructed 
to inquire into and report to this Convention, whether it is 
eKpedient or necessarj'^ to increase the salary of any or all 



MISSISSIPPI CONSTITUTIONAL CONYENTIOlN. 255 

officers in this State, and if it is deemed expedient or neces- 
fiary, to report such increase as they may deem proper. 

On motion of Mr. Comptoii, the Convention adjourned 
Mntii o'clock to-morrow mominp-. 



T E N T H D A Y . 

Thursday, August, 24th,, 1865. 

The Convention met pnrsiiant to adjonxmnent. 

Prayer by the Eev. John Hunter. 

Journal of yesterday read and approved. 

Mr. Simonton, from the Committee on Enrolled Ordina^ices 

iind Constitutional Amendments, submitted the following 

report : 
/Mr. President: — 
The Committee on Enrolled Ordinances and Constitutional 

.Amendments respectfully report : That they have examined 

the following Ordinances, Constitutional Amendments and 

Kesolutions, and find the same correctly enrolled : 

Report of Committee in regard to the pay of officers and mem- 
bers of this Convention, adopted August 23d, 1865. 

Eesolution appointing a Committee of three, to recommend 
changes in the laws of this State, to the next Legislature, 
adopted 23d August, 1865. 

An Ordinance in regard to the Special Courts of Equity, adop- 
ted 23d August, 1865. 

An* Ordinance to legalize and support the legislative enact- 
ments of the State of Mississippi, passed since the 9th daj 
of January, 1861, and for other purposes, adopted 23d Au- 
gust, 18'65. 

An Ordinance to enable the Sheriff and Clerks of Hancock 
county to execute official bonds, adopted 23d August 1865. 

An Ordinance to amend the seventh section of the fourth article 
of the Constitution, adopted 23d August, 1865. 

An Ordinance to amend the eighteenth section of the fourtk 
article of the Constitntion, adopted 23d August, 1865. 

Eeport concerning Short-Hand Reporters, adopted Anguet 
17th, 1865. 

An Ordinance suspend oig the twenty- fifth section of article 
three of the Constitution, in regard to the compensation ef 
members of the Legislature, adopted 23d August, 1865. 
On motion of Mr. Simonton, 

The report of the Committee was received and agreed to. 
Mr. Potter, of Hinds, presented a memorial, signed by few 

thousand six hundred and thirty-'three ladies of the State #f 



S56 PliOCEEDINGS AND DEBATES IN THft 

Mississippi, in behalf of Jefferson Davis and Charles Clark', 
of this State. 

The luemorial having been read, 

Mr. Wilson, of Yazoo, offered the followi)ig resolution : 
Resolved, That the memorial just read, be resi>ectfuliy re- 
ferred to the President of the United States, to be considered 
of \)j him ; and to that end, that the President of this Con- 
yention do transmit the e?«mc. 

Ms. Pon-EE., of Hinds. — Mr, President : — I desire to say % 
word in relation to this matter. The business of the prepara- 
tion of this memorial was begun on Friday last, and it now 
contains itiore than forty- six hundred signatures of the 
mothers and daughters of this State. It comes commended 
to a most respectful consideration on our part, by the great 
worth of these memorialists, I have do doubt, but that if 
more time had been allowed, these signatures might have been 
lunltiplied, by thousands and tens of thousands. Aye, sir, I 
may say, that no lady would have refused to append her name 
to th^t petition, for mercy to those' of its citizens, in their 
now silent and desolate condition. The memorialists are not 
tmaware of the position a^ssumed by members of this Con- 
vention, in regard to that matter. They know that on coif- 
soltation, previously, among ourselves, it has been deemed 
appropriate that a private m.emorial, containing this same 
prayer, should be signed by the several membei*s of this body. 
I am proud to say, sir, that the memorial thus prepared for 
our signatures, contains the name of every member of this 
Convention, with the exception of perhaps some ten, and ol 
those a portion v/ere absent before the memorial was prepared. 
So far as regards the expression of our views — so far as the 
present President can gather any idea of our sjTupathy with 
this movement, it is contained in the memorial which most of 
us have signed. I, Mr. President, have not been able to bring 
my mind to see the distinction which some suggest to exist 
"between official action on a memorial prepared for our- signa- 
tures, and iprivate action as individuals. If we had adopted 
that as a memorial of this. Convention, it would have expressed 
our feelings, our wishes, our sympathies, to^the same extent 
— ^^in precisely the same degree. I would 'state that this 
memorial had hQ&n prepared before the views of the Con- 
vention had been knoTvTi upon the matter — before this course 
of policy, which I have mentioned, was adopted by us as indi- 
viduals, and comes here addressed to the Convention, as the 
ofScial body of the State ; and the question now is — what is 
t3ie most appropriate disposition that can be made of it V The 
ladies do not ask thg,t this Convention should act upon it, 
under the circmmstaDices. It is necessary, however, that sosne 



MISSISSIPPI OONSTITU'nONAL CCNVE_K[TION. 2dT 

proper and respectful disposition should be made of it, and it 
seems to me, sir, that the course suggested by the delegate 
from Yazoo, (Mr. Wilson,) is the exact course to be taken in 
reference to it, in 'view of all existing circumstances. I • 
could have wished to, have gone a step further, and to have 
inserted in that resolution, an expression of the hearty wish 
of the individual members of this Convention, that the prayer 
of the memorial be granted. 

I hope, sir, without discussion, without opposition, with 
this brief explanation of the condition of things, m^embers 
will agree to sustain the motion, made by the gentleman from 
Yazoo. 

Mr. Cra-vvfokd, of Jones. — Mr. President:^ — This matter 
was brought up a few days ago, s.nd I thought the action of 
this Convention then had settled the question forever, so far 
as the Convention, as a body, was concerned ; but, under other 
circumstances, it is introduced again, to-day, as a memorial 
of the ladies of Mississippi. With all ,'due regard to the 
source from which it comes, I beg leave to express my opin- 
ion, as to the propriety of any action being taken upon this 
matter by us, as a Convention of the State of Mississippi — ■ 
and that is, with the highest feeling of respect for those who 
have presented it liere, and my heartfelt sympathy for the 
cause — that we should take no official action in regard to it, 
for the reason, that I do not believe that such action 
would be in furtherance of the object. I shall therefore, as a 
member of this Convention, oppose the motion of the gentle- 
man from Yazoo, while I am willing, as an i!|dividual, and in 
aiiy private capacity, to do all things in furtherance of the 
release of these gentlemen, who stand high in the opinion of 
the people of Mississippi. 

Me, Sibiontok, of Itawamba. — Mr. President : — I desire to 
offer a' resolution as a substitute for that offered by the gen- 
tleman from Yazoo, (Mr. Hudson.) It reads as follows : 

Resolved, That the memorial ol the ladies of Mississippi 
to this Convention, in regard to Mr. Davis and Mr. Clark, be 
respectfully referred to his Excellenc^y, Andrew Johnston, 
President of the United States, with a request that a copy 
may be transmitted to each of the gentlemen mentioned 
therein. 

I loiow something of the feelings that these gentlemen 
must have. I knov^ something of the feeling that will be 
awakened in their breasts, by iaiowing that the people of the 
State of Mississippi — although they did not affiiliate, or per- 
haps sympathise with the movement of yfhicli President Davis 
and Clark were the leaders — yet, as citizens of Mississippi^ 
and what was once a rebel State — that they do symjxathise 
with them ; and I desire, that not only may this memorial go 



^58 I'KOCEEWNGS ANl; DEBATES IN THE 

before his Excellency, the President of the United States, but 
that those worthy gentlemen may know that we all s^^mpathise 
with them in their present position. 

Mk. Watson, of Marshall — Mr. President : — I prefer the 
original resolution to the substitute, presented by the gen- 
tleman from Itawamba, (Mr. Simonton,) and for this reason. 
The substitute imposes upon the President of the United 
States, a duty which might not be . acceptable to him. We 
can ourselves, in some other way, have a copy of this memo- 
rial sent to these gentlemen. The request, as presented by 
the substitute, is rather an extraordinary one, under the cir- 
cumstance. And for that reason, we should not prefer it, if foi'* 
no other. 

Mk. Simojitok, of Itawamba. — Mr. President : — I meant to 
•simply suggest, that we might be permitted to forward a copy. 
I will therefore, change the phraseology, to make the resolu- 
tion conform to ni}'^ intentions. 

The proposed change being made the resolution was adopted. 

Sir. Johnston, of Hinds, from the Committee on ordinances 
and laws, submitted the folio Vvdng report: 

Mr. President: — 

FThe Committee of fifteen, appointed to consider what action 
should be had in reference to the Ordmance q^ Secession, and 
the legislative and judicial action of the State, since the 9th 
day of January, 1861, and to whom was referred a resolution, 
proposing to punish the crimes of grand larceny, robery^ 
rape, arson aiid burglarj'-, with the penalty of death, by hang- 
ing, beg leave, respectfully to report : That the3^have consid- 
ered theaforesaid resolution, and are of the opinion, that it 
would be improper to extend the death penalty to those offences 
The Legislature of the State, has full power to prescribe the 
punishment for crimes, and the Committee consider that the 
subject matter of the resolution referred to them should be 
left to the action of the Legislature. The Committee there- 
fore reccommend. that the said resolution do not pass. 

Yom' Committee have disposed of all the business before 
them ; and they pray that this report be received and agreed to, 
and that they be discharged from further service. 

Mr. Houston, of Monroe — Mr. President : — I am satisfied 
that the report is not in accordance with the best interests of 
the comitry, as it is at present situa' ed, 1 do believe that 
there are some of those crimes, at least, which should be pua- 
ished"%ith the death penalty. I thought, on yesterday, that 
this Convention would take no action on this subject. I 
believe it more properly comes before the Legislature, and 
I am unT^illing, by any action of this body — by receiving and 
agreeing to this report — to indicate to the Legislature thfit 



MlSSlSi-IPPI COKSTiTUTIOKAL CONVEKTIOIv. 250 

jQ&y hereaffcer convene — that the views of this Convention, 
were adverse to the application of the death penalty to certain 
of these crimes. Under the Constitution of the coniitiy, &b it 
was before the war, this y^^oiild be reg.arded as bloody legisla- 
tion — to attach the death penalty to any cf these oiTences ; 
but we must look to what would be for the greatest good and 
protection to the country — leaving the Legi-lature to act witli- 
out any seeming dictation from us, or even suggestion. 

Taking this view of the matter, I heg leave to submit the 
following resolution : 

Resolved^ That the subject matter of the report of the Com- 
mittee of fifteen, on the subject of the punishment of crime, 
be re-submitted to that Committee, with instructions to take 
no action in the premises, but leave the matter for the action 
4df the Legislature when convened. 

Mr. Hudson, of Yazoo — Mr„ President: — I must confess 
that I am opposed to this report. As the law now exists, we 
may he piimdered by thieves — our houses may be burned 
down at mid-night, over the heads of ourselves and our slum- 
bering families — and what is the penalty attached by law, to 
the commision of such oflences ? Our wives, our sisters and 
daughters may be subjected to violence ; and what is the pen- 
alty ? Simpty, in either of these cases — imprisonment in the 
State Penitentiary ! But no such institution now exists, and 
how then, if the Courts convict these wretches now roaming 
over the covmXry, are they to be punished ? They must be 
committed to the comity jails, which are wholly insufficient, 
and too insecure to present any barrier to the escape of these 
villains. Is then the punishment which must now be inflicted 
commensurate with that deserved ? No ! No ! 

I do not believe that at any time, has the punishment beea 
what it, as prescribed by law, should be. What reformations 
liave ever occured in the State Penitentiary ? None — but 
those incarcerated come forth as monuments of their own 
infamy — again, to carrj^ on their depredations, and repeat 
their previous offences. They are simply held in such con- 
dition, that the}' cannot for the time being commit crime. 

The Proclamation of Gov. Sharkey, shows that there arc 
Ibands of desperadoes, thronging the community, and the object 
€f the ordinance proposed — and it may be repealed by the 
liegislature, as soon as that body meets — is that this penalty 
may operate now, upon offences committed novj ; and from- 
this time until the law is repealed. Our wives and daughters 
dare not go from home, without an escort to protect them 
'from being deprived of all that is precious to vfomen. Our 
citizens cannot go to market with one or two bales of eottoa, 
without be.ing deprived of it — their own teams being used t© 
carry away the staple, which is the only support of their 



260 PB0c;E.EDmG8 and debates in thk 

needy families. But there is no pmiisliment affixed -to the 
commission of these deeds, that can have the slightest possible 
effect ill preventing them, or diminishlDg their frequency ! 

Me. Johnston, of Hinds — Mr. President : — I know the de- 
sire of this Convention to adjourn, and shall consume, but a 
very few Moments, in presenting some views which governed 
the Committee in submitting the report under consideration. 

The picture of depredation and crime prevailing in the 
State, alluded to by the gentleman from Yazoo, (Mr. Hudson,) 
has not been over- wrought. I am painfully aware of the fact 
that the extraordinary times through- which we have passe^i, 
have resulted in the prevalence of crime throughout tlic 
country, v.nd that the laws are, have been, and will be, for 
some time, violated with impunity. But, Mr. President, how 
can the resolution offered by the honorable gentleman fron^ 
Yazoo, aliect this matter ? What good or benehciai effect 
could its adoption have at the present time ? It is not the 
degree of punishment, but its certainty, which tends to dimiir 
ish the crime of the country ; and vrlien you affix the death 
penalty to the eommission of small offences, the juries of the 
country will not convict the offenders at all, when put on trials 
if they know the deatli penalty is to follow. For example — 
that resolution reported against by the "Committee, maken 
grand larceny punishable by death. If a citizen, therefore,. 
should steal goods of the value of twenty dollars and upwards, 
it is made grand larcency, arid he is convicted of th^ theft by 
that jury — he is executed for that olfence. This is too bloody 
an act for me to sanction at any time ; and the juries of the 
country will s&y ; "although our minds are well nigh satisiied 
of the guilt of tiiis individual, w'e will not bring in a verdict 
of guilty; because by -that, he must suffer death; and we can- 
not consent that a human being should ])e executed, simply 
for that." The history of crimiiial jurisprudence will show 
that those who are constituted hy nature and habit, to be 
gre^t public offenders, are not to be deterred from the com- 
mission of crime, hy any punishment that can be named. 
Even the faggot would not deter them, from the committal of 
the deeds to wliLeh they are iinpelled by their constitutioi^ 
and nature. 

A great number of offences were, in former days, visited 
with the death penalty, in England, — such as counterfeiting 
^e coin of the realm, theft, larceny, &c., — ail of which were 
punished in this manner. Yet, in this enlightened age of the 
world, there has been, and still is, a constant tendency to> 
diminish the offences upon which the extreme penalty of the 
law is visited. Besides, there ^le a great many of the most 
eelightenei and pliilanthropicl men of the age, who believe 
that it is not in the justly exercised power of man to "take 



MlSSlSBlFPi CONSTITUTIONAL CONVENTION. 261 

the life which the Great Creator has vested in a fellow man ; 
and, in short, it is a growing sentiment — that the death 
penalty ought not to be executed in any case. However that 
may be — whatever may b'^ the opinions of men in regard 
to that proposition — it is certainly true th8.t the course pro- 
posed by the gentleman from Yazoo, will not remedy the evil 
of which he ju>stly complains. 

Suppose this Convention, to-day, was to adopt this resolu- 
tion, and affix the death penalty to all these specified offences. 
Would that stop the robbery going on through the country, 
or the arson or would it tend to disperse the organized 
bands of thieves and murderers who are traversing the State, 
brought into existence by the civil war raging in our midst r 
Such demonstrations are the result of great civil commotions, 
and it is not to be supposed that it vf ould be otherwise. It 
would have no effect upon those organizations, or tend to 
diminish crime at all. The mere affixing of the death penalty 
would have no influence upon those bad WlQii who are banded 
together in committing deeds of lawlessness, and nothing 
would therefore be gained by the adoption of the resolution 
under consideration. 

The committee took this view— that it is in the power of 
the Legislature of the State of Mississippi, to affix the pun- 
ishments due to the different grades of crime. That Legis- 
lature is soon to assemble, and this matter ought to be 
entrusted to them, because it comes peculiarly Tv-ithin the 
powers conferred upon them, and the duties which devolve 
upon them. We therefore thought that this Convention 
ought not to legislate in regard to the matter at all, but leave 
it to that body, which has no constitutional restrictions as to 
the manner in which tliey shairdispose of this questiou. 

The gentleman has said that the offences enumerated in his 
resolution, are penitentiary offences now, but that there being 
no penitentiary, there is no mode of punishing these crimes ; 
but when a man is convicted according to the present criminal 
code, although the penitentiary is not, at this moment, in a 
condition to receive them, they are notwithstanding, held in 
custody and confinement until such time as that place can be 
prepared for their reception— ^until the penitentiary is re- 
built and placed in condition for labor to be resumed there. 
We took it for granted, that one of the first acts of the 
L-egislature, which is soon to assemble, would be to repair the 
penitentiary, rebuild the ruined walls, replace the machinery 
of industry there; so that individuals violating the laws 
might be speedily tak:en from the county dungeons and placed 
in quartei*s suitable to their conditions. Doubtless, it will be 
but a very few months before the penitentiary will again be in 
©iperation. 



262 T^IK?c]•;J^;hlNu> Ayi) hkhates in the 

These were tlie views tha^ actua,tcd th^^ committee' to report 
adversely to this pctitioii, and I ura free to s.w thnt, if bj 
■noting for the adoption of the resolution, I could remedy the 
great I'vils of which the g-entle;oian complains, I would sup- 
port it ; hut; I feel certain, in my own mind, that the adoption 
of the resolution eonld have no such effect. 

I knoiY that the intentions of the gentleman are good — that 
he offered this in a proper spirit — 13 ut still I thhik he is very 
much mistaken in the effect which would result from liis doc- 
trine. I therefore hope that the Convention will sustain the 
report of the Committee, which I. had the honor to submit 
tjhis morning. 

Mij. Martik, of Adams— Mr. President : I shall leel my- 
self obliged to vote ogainat the adoption of the report of the 
Committee. 

All of us know that the sensibilities of our people have 
icid us to let loose upon society, criminals, who ought to have 
suffered the death penalty. We know there is a spirit of 
.repugnance on the part of the people, to the infliction of the 
vextreme penalty — at least there was before the war— but now 
that we have come out of that, we find that, it has changed 
the opinions of our citizens, in many respects. 

I, for one, think that this Convention should act upon this 
qoesfcion — to give to the people of this State who are disposed 
to be orderly, and return- to their peaceable occupations, an 
assurance that we intend that peace, and law r.nd order, shall 
prevail. This is the first opportunity that has been presented 
for the people of this State to say wliat they mean to do on 
<;his subject of lawlessness vfithin our borders ; and let the 
gentlemen vyho are stealing and robbing throughout the 
oountrj^, understand that it • is our intention to inflict upon 
them the certain extreme penalt}', and that speedily. It has 
become more necessary that we should do this now, because 
of the effects of this struggle through which we have passed; 
for any man who has heen in the army, .has seen how the 
moral restraints that usually control are thrown off, — how 
men have forgotten the lessons learned vfhen they were 
pursuing their peaceable occupations, and have been gniltj 
of crimes that, in ordinary times, would have consigned them 
to the penitentiary. I think that if ever the time did exist,, 
for inflicting severe punishment, it does now, and I believe 
that our jurors will act up to their duty, and the necessity of 
the times. I trust that the best men will be selected to fiJl 
the public offices of the State, who will understand that their 
duty requires that they should punish — and that, severely. 

As has been remarked, it is perfectly useless to attempt to 
eonfme these desperadoes in the county jails of the State — 
for they present no difficulty to these men enlargiag theiaa- 



^^IISSTSSIPPI OOXSTITiriTONAL CONVENTIOK. 2^3 

selves. In nine out of ten counties in tiiis State, the jails 
are not of sufficient strength to keep any one of ordinary 
ingenuity in them for twenty-four hours. If, then, we wait 
until the penitentiary is eompleted, they will inevitably escape 
their just deserts. 

I think, therefore, that'-we shall he compelled for the pre- 
sent, and until we find that we are extirpating these gentry, 
to resort to extrem-e measures, and I shall therefore vote 
against adopting the report of the committee. 

Mr. Yeroee, of Hinds — Mr. President : I should feel my- 
self obliged to vote against the adoption of the resolution 
■offered hy the gentleman from Monroe, [Mr. Houston] if I 
entertained vievrs of policy different from those expressed by 
tlie committee — which I do not. 

I think a mistake, and, to some extent, a mischievous 
axid dangerous idea i3re vails, with regard to the power and 
jm-isdiction of this Convention. It is not, as it is sometimes 
styled, a Convention of the State of Mississippi, l)ut it is ji 
Convention of the delegates of the people of Mississippi. It 
is not a Convention of the delegates of the people of Missis- 
sippi, for puii30se8 of general alteration or change in the organic 
law of the State ; but it is a Convention for a specified and defi- 
nite purpose, and for that purpose alone have we been sent 
here. That purpose is indicated in the Proclamation of the- 
President of the United States, authorizing the calling of 
this Convention, which is, that the Convention shall be held 
for the purpose of altering or amending the Constitution of 
the State, and with authority to exercise, within the limits. 
of the State, all necessary and proper power to enable the 
loyal peox^le of the State of Mississippi, to restore the State 
to her constitutional relations with the Federal Government, 
and to present such a republican fo mi of government as will 
entitle the State to the guarantee of the United States there- 
for, and its people to the ]3rotection of the United States 
against invasion and domestic violence. This is the power 
of attorney, which the people of the State of Mississippi 
have granted to us, under the Proclamjition of the President. 
We are sent here bj' them to do a specified act, and that part 
of their sovereign power, and no more, has been delegated to 
this Convention. 

I therefore protest against an attempt on the part of this 
Convention, to undertake an alteration generally, which was 
not a power entrusted to it by the people, or to change and 
alter the organic law generally, which was not a part of the 
purpose for which it was assembled, or of the power dele- 
gated to it, by the people — because, in my opinion, all acts 
going beyond the legitimate pui*pose and scope specified in . 
the President's Proclamation, would be mere acts of usurpa- 



26-i PROCEEDINGS AND DEExVTES IN TKE 

tion, and not obligatory upon the people, unless ratified by 
them — for they have sent us here for no such purpose. We 
are not a Legislature, or sent here to legislate with regard to 
the general laws and policy of the State. 

Mr. Hudson, of Yazoo — Mr. President : I am much op 
posed to lea,ving this subject tx) the Legislature, and will remark, 
in addition to what I have already stated — that imtil the 
Legislature meets, the penalty remains the same as ever ; and 
•although the Courts will not be revived until after the general 
election, still, the parties committing the offences enumerated, 
will incur' the penalty of this proposed Ordinance, and the 
Courts will be enabled to disperse these organized bands of 
desperadoes. 

I do not believe that honest and intelligent jurors will 
hesitate to pronounce a just verdict, without regard to the 
penalty which will follow the announcement of it, for thej 
will see that the salvation of the countr}^ depends upon a 
manly discharge of their duties. . . 

But it is said that this is a Convention with special and 
limited powers — that the grant comes from the President of 
the United States — that this is not a Convention of the State, 
and therefore we should not meddle with these matters. The 
very last words of the Proclamation are — " to protect this 
State against domestic violence." One of the special grants 
conferred upon us, and one of the grand objects for which 
we are assembled, is to protect the State from domestic 
violence;, and in adopting this resolution, and destroying 
these bands of robbers, we are carrying out that very object. 
I insist that we should take this view of the subject, and not 
refer this matter to the uncertainty of the future. This will 
he done by voting down this proposition of the gentleman 
from Monroe, when I shall recall this ordinance for further 
action. 

Mr. Stone, of Copiah — ^ii\ President : It has occurred to 
jne, that gentlemen have not taken the right view of this 
matter. The argument is, there is no jail, and no opportu- 
nity of confining, or punishing these individuals — but we 
should first get them, i ask why — while these crimes are so 
prevalent — the people of Mississippi do not now rise m the 
majesty of their strength, and atteinpt to arrest these desper - 
adoes? Does the proposition of the honorable gentleman 
affect that matter ? Why is it necessary to pass this la^r 
while the country is sitting down so quietly under these rob- 
beries and larcenies ? If the people will take this in hand, 
they can confine these men, the same as if this law was 
passed, until the courts are organized, and they are brought 
before the tribunals of the couhtry. 

If the gentlemen will introduce an ordinance forming an 



Mississippi coNSTnuTiONAL cx)N?e.ntioe'. ^5 

armed force for the purpose of arresting these desperadoest, 
I will join it, but, until then — nntil the people' are aroused 
and take tbis matter ii li .^ad — ^tliere is no necessity to pass 
this Ordinance, for it would sleep until the countiy is arowsed, 
and proper steps taken. 

On motion of Mr. Johnson, of Smith, 
The report of the Committee was laid upon the table. 
The following communic?.tions from his Excellency, Wm. 
L. Sharkey, Provisional Governor, were read, and ordered io 
he spread upon the Journals : 

Executive Office, ) 
Jackson, Miss., Aug. 24, 1865.) 

Ron. ./. S. Yerffer, President of ike Convention.: 

Sir : I most respectfully request of the Convention, tkat I 
may be furnished with a perfect copy of the Constitution, as 
smended, together with a copy of the Ordinances, to 1x5 for- 
warded under the Seal of the State to the Department of 
State, at Washington. 

I have the honor to be. 

Your obedient Servant, 

W. L. SHARKEY, 
Provisional Goveraor of Migg, 



.t 



Executive Office, 
Jackson, Miss., Aug. 24, 1865. 

jlon. J. S. Ytrger^ President of the Convention: 

Sm : I enclose a dispatch just received from the President, 
which you can have read to the Convention, if you think pro- 
per. There is, however, a deiicienc}^ in the dispatch, for^ 
words l>eing missing. 

Your obedient Servant, 

W. L. SHAEKEY, 
Provisional Governor of Miss. 

Mr. Hudson, of Yazoo, offered the folioT/ing Ordinance : 
Be it Ordained^ Tkat tlie Legislature of tins State shall have 
full and complete, ample and plenary power and right to 
ascertain, adjust, and settle any and all pecuniary ' liabilities 
and indebtedness of this St^.te, or the citizens thereof, to the 
Government of the United States of America, under and bj 
reason of the revenue laws of the latter, either past, present 
or future ; and to provide by law, or otherwise, in such waj 
and manner, and on such terms as the Legislature may, in 
its opinion, deem, or declare to be most wise, judicious and 
expedient for the ascertainment, adjustment, and present or 
ultimate settlement and payment of the same : hereby intend- 



ing iy eoufer, and actually conferring upon the Legislature 
of this Sta,to, full and absolute power and right, to pledge 
and use the faith and credit of the State, and to do and per- 
form whatever is or may be necessarj^ or expedient in the 
premises aforesaid. 

Mr. Yerger, of liirids^ inoYeu id lay tlie Ordinance on the 
table, 

Wiiich was lost. 
■ ■ On motion of Mr. Hudson, 

The Ordinance Y/as adopted. 

The followir-g conirnunicatioii from Hon. A. H. 'Himdy wag 
re«,d : 

Jagilson, Miss., August 24, 1865. 
ffon. J. S. Yerger, I'resideiit State Convention : 

Sir : I deem it proper, without delay, to inform you, that 
my private ciigagements are such that I will be unable to per- 
form the trust contemplated by the resolution of your hoR- 
orable bodj^ for the appointment of a Committee of three, 
"to prepare o.nd report to the next Legislature for its 
consideration and action, such laws aud changes in existing 
laws of this State, as to said committee shall seem expedient 
i?A view of the amendments to the Constitution made by said 
Convention." 

I must, therefore, most respectfully decline the appointment 
tendered to me as a member of that committee by you. 

With my* acknowledgments for the honor done me in the 
tender of the appointment, and with the expression of my 
regret at my inability to accept it, — 

I have the honor to be, v/ith high respect, 
Your obedient Servant, 

A. H. HANDY. 

The President appointed the Hon Robert S. Hudson, of 
Yazoo county, to' lill the ^>aeancy occasioned hy the non- 
acceptance of Mr. Handy. 

Mr. Simonton, of Itawamba, moved to reconsider the vote 
on yesterday, by v/hich the Committee on Enrolled Ordinances 
and Constitutional Amendments were instructed to have the 
Constitution of the State and Amendments thereto, enrolled, 
and filed in the oiilce of Secretary of State. 

The motion being agreed to, 

Mr. Cooper, of Eankin, offered the following resolution, 
which was adopted : ' 

Resolved, That the Hon. WiUiam Yerger, Hon. Amos H. 
Johnston, and Hon. George L. Potter, be appointed a special 
Committee, who shall, as soon after the adjournment of this 
Convention as practicable, see tliat the Constitution of the 
State of Mississippi, as amended and adopted by this Con- 
vention, is properly enrolled in duplicate, and signed and 



MIRSFBBlPi'I OoNSTiTlITIONAL Ct)NVK>rHON. 26T 

attested by the President of the Convention, to pres^it one 
copy thereof, to the Provisional Governor, and request him 
to forward the same to the President of the United States, 
and file the other copy tliereof, in the office of the Secretary 
of State ; and said Committee shall also see that all the Ordi- 
nances adopted by this Convention are propevly enrolled and 
attested in duplicate — one copy thereof, to be presented to 
the Provisional Governor, and the other to be deposited in 
the office of Secretary of State. 

Mr. Sanders, of Attala, offered the following resolution : 

Resolved, That this Convention adjourn to-day, at two 
o'clock, p. M., to be called together by the President of the 
Convention, if the exigencies of the country require it^ and 
If no such necessity arise within six months from this date . 
then this Convention shall stand adjourned, sine die. 

Mr. Hudson moved to amend the above resolution, by 
striking out two o'clock, and insert three o'clock, 

Which was lost. 

Mr. Johnson, of Smith, moved to amend hy strikhig out 
" two o'clock," and insert '-one o'clock," 

Which was lost. 

On motion of Mr. Hudson, the resolution was adopted. 

Mr. Malone, of DeSoto, called up a resolution of thanks to 
the President of the Convention, offered by him on a former 
day. 

On motion oH Mr. Malone, the resolution wa,s unanimously 
adopted. 

Mr. Yerger, of Hinds, offered the following resolution : 

Resolved, That the President of this Convention appomt 
four Commissioners, to confer with the authorities of th(^ 
United States at Washington, relative to the utility and neces- 
sity of rebuildiug the le\ ees on the Mississippi river, and that 
they endeavor to obtain, by loan, or otherwise, such funds as 
may be necessary for that purpose, and also make an arrange- 
ment, if possible, to procure a competent force of laborers 
to finish the work during the present year. But, in the event 
of any loan or debt being created for the purposes aforesaid, 
the taxes necessary to reimburse, or paj^ the same, shall only 
be levied, by the Legislature, upon such counties or districts 
as may be protected by the levees from inundation. 

Mk. Yeeger, ot Hinds — Mr. President : I presume, there 
will be no objection on the part of any member of this Con- 
vention, to the resolution, as it contemplates a matter 
affecting so importantly the welfare of the whole State. 

The counties on the Mississippi river, have had their levees 

entirely destroyed by the action of the authorities of the 

United States Government, for military purposes, or by the 

receding of the banks by the action ot the river during the 

18 



268 pROCEEDiXGe akd debates in the 

last live 3'ears, daring which time there has been no repairs. 
It is certainly impossible that that section of the States can be 
cultivated, unless the levees are repaired, and it is equallj 
impossible, at the present time, that citizens residing and 
owning proi)erty there, can repair them, unless they caxi 
obtain means from the General Government. The whole 
State cannot be taxed for this loan, and if there has been any 
idea of that kind entertained by any member of this Conven- 
tion. I will simply state that, if the loan is paid, the tax to 
be paid at any time shall be laid alone on the levee district, 
which was heretofore taxed by this St-ate for the building' of 
the levee on the Mississippi river. 

Mk. Mautix, of Adams — Mr. President : I have lately 
l)e(tn in the levee country', referred to, and have found that the 
state of affairs is as has been first described. I find that 
the negroes on the plantations in that section of the country 
will not undertake to work places next year, or make any 
contracts to do so, unless those levees are repaired, because 
they are not willing to run the risk of receiving pay iTom 
planters who probably own nothing, or to work on shares, 
when the crop is subject to so many contingencies. Unless 
some action is taken, and aid furnished from some quarter, 
these plantations must be abandoned. 

Mb. Potter, of Hinds— Mr. President : I confirm heartily 
the objects of this resolution. I am not, personally, interest/cd 
in a single foot of land whose value Vvdil be atfected by the 
-miction proposed ; but I conceive that I have the slightest 
possible interest in the object sought to be accomplished. I 
think tfiat e^^r}' citizen of the State is interested, in like 
msmner. It certainl}', Sir, is for the interest of all portions 
that this once rich and productive territory, knovm as 
the" Svvamp district, should be restored, in some degree, at 
least, to its former prosperity. Now we are all interested in 
seeking tliat result ; because, if we restore these lands to 
their former -Nalue and productive condition, we create an 
immense fimd for the purposes of State revenue. Therefore, 
we are all interested, in this view, in the progress of im- 
j)rovem.ent. 

Delegates should bear in mind that we have not only State 
taxation to regard hereafter, but taxation on the part of 
the Federal Government. It is our policy, and should be the 
earnest desire of every delegate to create, in any part of the 
State w^here it has been created, the largest possible taxable 
capital, and I know of no measure that will benefit the people 
more in regard to State taxation and Federal taxation — ^no 
measure that will so greatly relieve us from the burdens of 
heavy taxation, as the one proposed by the delegate from 
Hiiids, [Mr. Yerger.] 



MISSISSIPPI <A)NSTT'rUTK)NAL (:;uN VETs'TION. 269 

Again, it is but a measure of justice to the parties more 
directly interested in tiiose lands. That country has been 
desolated, not only by deluges of water, but by deluges of 
war. It is the purpose to do, by this measure, something for 
its relief, and to do it in such a way, that the balance of peo- 
ple of the State shall not be taxed one dollar, and yet, so that 
our fellow citizens in that district shall be greatly benelitted. 

For other reasons which I might give, I hope the 
members of this Convention will adopt this resolution. 

Mk. Mauri, of Claiborne — Mr. President : It cannot be 
^tloubted, that the region of country contemplated by the 
resolution, will be vastly benefitted by its adoption, but 
neither can it be doubted that every other portion of the 
>>tate would be equally benefitted by the expenditure of m.onej 
thereon. I'his is not the first time that 1 have listened to 
arguments such as have been delivered here to-day, for I 
heard them many years ago, and that too, in Mississippi, and 
money has been borrowed for the purpose of furthering the 
prosperit}^ of the State, increasing the facilities of the people, 
\md the fertility of the land. 

This is not the time to enter upon measures of this descrip- 
tion. What is now the indebtedness of the State of Missis- 
sippi? Who can conjectm'e? Can any one mention it? 
Has the debt of the Planters' Bank been paid — that v^'as 
borrowed by virtue of a provision passed by a Convention 
of the vState ? Has the debt incurred by the people of Mis- 
sissippi, for the purpose of establishing the Union Bank, heen 
paid ? This money was to be used to develop the hidden 
resources of the country. W^hat has become of it ? Where 
has it gone '? Since the passage of those laws, the prosperity 
^jf the country has sufiered much more than it would if the 
people had been left to their individual resources, industry, 
and enterprise ! 

I object to any such measure, until v/e redeem our credit, 
and I hope the proposition will find no favor in the Conven- 
tion, for we have not been sent here to borrow money. 

Every portion of this State has been desolated. You, and 
you, sirs, and every member of this Convention, would like 
to have our former prosperity re-established. But, that re- 
establishment should not be attempted by borrowing money 
— at any rate, at the present time — for the people can send 
their representatives here to do that, if they wish really to 
have it done ; but it is not proper for this Convention to saddle 
upon them this debt without their concurrence, either express 
or implied. 

Mr. Beown, of Yalobusha — Mr. President : I wish to give 
my reasons for voting against this proposition. I would like 
to see the levee repaired, and that fertile region of country 



9.70 FEOOKEniNGfS AND nKBA'lM-IS L\ iHi^. 

adjacent to it, guarded against destruction- But, 1 do think 
that, in our exhausted condition — not knowing at the same 
time what control we can exercise over labor, with a heav}- 
debt already upon our shoulders, a.nd the certainty of being- 
required to assume and liquidate another, I think it would b(! 
imwise — and for this reason, too : It is known that Gov- 
ernment plantations are h)cated upon the river, and ])erhap,s 
the Government will repair that levee, rather than a])andoi) 
them, as it otherwise must do. Now is a very appropriate 
oc<5asion for the United States Government to re-estal)lish the 
policy of internal improvements, on the part of the Federal 
Government. This is the only occasion that may arise during 
years, which will induce the Federal Government to take that 
step, and I ])elieve that it will take that step now ; but, at 
any rate, I would have any legislation upon tliis matter de- 
ferred for the present. 

Mr. Weir, of Yalobusha — ^Mr. President : I offer the 
following proviso to the i-esolution of tin; gentleman from 
Hinds : 

Prorided, That the aforesaid Commissioners shall not be 
a.utiiorized to pledge the faith of tlie State for tlie payment of 
any money by them borrowed, or aid ])rocured for the pur- 
poses ex|)ressed in this Ordinance. 

The proviso being accepted by Mr. Ycrger, the resolution 
was adopted. 

Mr. Watson, of Marshall, otfered the following resolution : 
Resolved, That it shall be the duty of the next Legislature 
to appropriate, for tlie purpose, whatever sum may be neces- 
sary^ to pay to the Gommittee appointed by tliis Convention, 
on the subject of the revision of the statutes of the State, a 
compensation of ten dollars per day each, for the time during 
which they may be employed in their said duties. 
On motion of Mr. Watson, 
The resolution was adopted. 

Mr. Cooper, of Rankin, ofl'erwl an ordinance proposing to 
re-instate Mr. Thos. Palmer, to citizenship hi this State. 

Mr. Cooper, of Rankin — Mr. President: — The object of 
this ordinance is apparent. Air. Palmer was an old citizen of 
this State ; but in 1858 removed Irom the State. He has re- 
turned; designs estal)lis])ing his home amongst us again, and 
merely desires to have his civil disabilities removed. 

Mr.*^ Yerger, of Hinds. — Mr. President : — Mr. Palmer was, 
for many years, a resident of tliis place, and sustained the 
highest moral character — being a man of the strictest integ- 
rity. Some six or eight yeare ago, he removed to Missouri — 
where the wai, of the last four or five years has ])een of sucli 
a cliaracter — the country being overrun by both parties — 
that he now desires to again come among us. He is an old 



Mii^^iissn'i'T coN^rnrTiONAi. convention, '2ll 

nuiii, between 68 and 70 years of age ; and wishes, diirinjT the 

remainder of his years, to be a citizen of the State. 

Mr. Bake, of Lafayette — I have no doubt, Mr. President, 

that the object of the resolution is a worth}' one ; but I am 

opposed to special legislation. I move to lay it on the table. 
The motion was carried. 

Mr. Johnston, of Hinds, offered the following resolution : 
Be solved, That Leo. Phillips, Louis Fite, George Donnell 

and Charles E. Tolbert, the pages of this Convention, be each 

allowed the sum of two dollars per day, as extra compensation, 

in consideration of their faithful services. 

Mr. Crawford, of Jones, moved to lay the resolution on the 

table. 

Which motion was lost. 

On motion of Mr. Johnston, 

The resolution was adopted. 

Mr. Compton, of Marshall, ottered an ordinance, which 

was adopted, making certain appropriations, in the aggrega.te, 

as follows : 

E. M. Terser, publisher Daily News 81,119 00 

A. N. Kimball, " Mississippian 200 00 

J. J. Shannon <t Co - Clarion 200 00 

T, C. McMakin, for sundries 175 00 

J. K. Yerger, postmaster 24 82 

-A. Reed, (freedman) 50 00 

A. Moore, '^ 50 00 



5$1.818 82 
]Mr. Watson, of Marshall, offered the following resolution : 

Resolved, That the official Reporters of the debates of 
this ConvenlioD, be allowed five days after to-day, for the 
purpose of extending, and revising their notes ; and that 
they also be allowed a compensation each of ten dollars per 
day, in addition to the allowance heretofore made theoi, and 
that the time of their services be computed from the organi- 
zation of the Convention. 

Mil. Watson, of Marshall — Mr. President : — The Reporters 
of this body, w^ere employed on the fourth day of its sessions; 
but were present from nearly the first day of the session, and 
ready to perform any duty that might be assigned to them. 
They have on hand, an amount of notes, the volume of which 
is such, that a number of days must necessarily be consumed 
in transcribing them properly. 

I also think, sir, that in view of the character of their labors, 
and the per diem of others connected with this body, that too 
little was allowed them originally ; and as a member of the 
Committee, T shall now vote for an additionalallowan.ee to be 
granted them. 



272 PROCEEDINGS AND DEBATES IN THE 

Mr. Yergee, of Hinds, — I second that resolution, Mr. Presi- 
ident, and move its adoption. 

I will state to the ConventioD, what I suppose, however, 
almost every member has observed for himself, that a more 
laborious, dilligent and faithful work, was never performed 
ill the same time, and in the same efficient manner, than that 
accomplished by our Reporters, Messrs. Bnrnham &; Bartlett. 
J will state in addition, that I do not think I ever have 
been connected with a legislative body in which half the 
amount of business was required to be reported in the saiiie 
length ot time, that this Convention lias thrown upon the 
Eeporters here. Our sittings liave been continuous during 
almost the entire long summer days, and in consequence of 
it, they liave done a great deal more work, and double witat 
is usually done before legislative bodies. 1 therefore hope 
that the Ojiivention will pass the resolution. 

Mr. Martin, of Adams — Mr. President: — I feel in some 
degree responsible, as a member of the Committee, for having: 
secured the appointment of our Reporters, and 1 am glad to 
say that our course has been vindicated, by the promptness with 
which they have fiillilled their duties, and by the excellent re- 
ports thej^ have famished us, so far as we have gone. I had 
TH) idea at the outset, that their labor would be so arduous as 
it has been; but have been convinced that their compensation, 
as fixed hy the original contract, has been wholly inadequate. 

Believing that the skill they have displayed merits a reward 
ia proportion to their labor, I heaitily concur in the propiiety 
of adopting the resolution. 

The question was then taken on the ndoption of the re;;ohi- 
tioD, and decided in the affirmative. 

Mr. Hudson, of Yazoo, offered the following as a proviso 
to resolution, relative to the adjournment of the Convention. 

Provided^ That in case of the deatli of the President, the 
Convention may Ije called by the (Governor of the State. 

On motion of Mr. Hudson, the proviso was adopted. 

Mr. Siraonton, of Itawamba, offered the following resolution, 
which, on his motion, was adopted : 

Resoloed, That a Special Committee of three be appointed 
to take into consideration, the printing of the journals and 
debates of this Convention, witli directions to report an o)-- 
dinance or resolution at an early moment. 

Mr. Brown, of Yalobusha, offered the foUowhig resohition, 
which, on his motion was a.dopted : 

Resolved, That J. L. Power, Secretary of the Convention, 
be allowed five extra days, after adjournment, to complete the 
duties assigned him, and that he be allowed for such services, 
the same rate of compeiisation agTee(?t to by the Convention 
yesterday. 



MISSIBSIPPI CON&TITtJTIONAL CDNVENXIOX. "Z i 6 

Mr. Cornpton, of Marshall, offered the following resolution : 

Resolved, That the thanks of this Convention be tendered 
to ^Ir. J. L. Power, Secretary, and Mr. R. C. Miller, his Assis- 
tant, for the prompt, eOicient and courteous manner in whicli 
they have discharged their duties. 

On motion of Mr. Hudson, 

The resolution was unanimously adopted. 

The President announced as the Committee on printing the 
journal, ordinances and debates of the Convention, Messrs. 
Simonton, Cooper of Rankin, and Hudson. 

Mr. Matthews, of Panola, offered the following resolution : 

Resolved, Th^.t the thanks of this Convention are due, and 
are hereby extended to Gen- T. C. McMaldn, Sergeant-at- 
Arms, for the efficient and satisfactory manner in which he 
has discharged his duties. 

Mr. Johnson, of Smith, moved to insert tlie name of Wm. 
J. Brown, Doorkeeper — 

Which being agreed to, 

The question was taken on the resohition, as amended, and 
ummimously adopted. 

Mr. Hudson, of Yazoo, otfered the following resolution, 
wliich was unaniraousl}' adopted ; 

Resolved, That the thanks of this Convention are due, and 
are hereby tendered to the Chaplains of this Convention, who 
have so khidly, ably and accepfcibh' discharged the duties 
fiiereof. 

On motion of Mr. Watson, the Convention took a recess 
for twenty minutes. 

The recess having expired, the Convention t-Iien resumed 
business. 

]!ili-. Simonton, from Special Committee 0]i Printing, mnde 
the following i-eport: 

Mr. Presiuekt : — 

The Committee to Yfhom was referred the matter of printing 
the journals, debates and ordinances of this Convention, hnve 
had the same imder consideration, and respectfully report Mt^ 
accompanying resolutions, and recommend^that they do pri,.: 

Resolved, That tweoty-five hundred copies of the Consti- 
tutioD, as amended, ordinance.s, proceedings and debates of 
tills Convention, are hereby authorized to be publislied in 
pamphlet form, in the style and niaiiner of the pamphlet laws 
of the State, exceptlDg marginal notes. Said proceedings, 
debates, ordinances and Constitution, when so published, 
shall be delivered to the Secretary of State, whose duty it 
shall be to distribute the same, in the same manner ihat'the 
pamphlet laws and journals of the State are required to be 



274 Pb^XIItEDINGt^ AXD DEBATES IN THE 

distributed, except that one copy shall bo sep.t to each mem- 
ber of this Convention. Tlie public printer shall receive for 
his services the necessary cost of issuing said reports, and 
thirty-five per cent added thereto; and the Auditor of Public 
Accounts ifc^ hereby authorized and required to issue his war- 
rant on the proper officer for the amount of the account for 
said printing ; the same being first approved by the Secre- 
tary of State. 

Resolved furthei-, That said printer be allowed the same 
length of time to connplcte the pamphlet proceedings and 
debates, as allowed by law for printing the laws and journ- 
als of the State, in the year 1861, and his duties and respon- 
sibilities as printer of the Convention shall not cease until 
the work aforesaid is accomplished. 

Resolved further. That a committee of three, to consist 
of Messsrs. Johnston, Yerger and Potter, of the county of 
Hindis, are hereby appointed to read the proof sheets, and see 
that the printed copy corresponds with tlie action of this 
Convention. 

On motion of Mr. Simonton, 
The report was agreed to ; and — 
On his further motion, the resolutions were adopted. 
The President announced as the Committee, to confer with 
tlie United States, relative to the rebuilding of the levees on 
the Mississippi River, Messrs. Alcorn, of Coahoma, F. A. 
Owen, of Tunica, Wm. Hunt, of Washington, Wm. S. Lang- 
ley, of Issaquena. 

Mr. Johnson, of Marshidl, from the Committee on Enrolled 
Ordinances and Constitutional Amendments, submitted the 
following report, which wns received and agreed to : 
Mr. President : — 

The Committee on Enrolled Ordinances and Resolutions, 
&c., beg leave to report: That they have examined, and found 
correctly enrolled the following resolutions, to-wit : 
I. — A Resolution, allowing ofBcial Reporters extra compensa- 
tion ; adopted to-day. 
'1. — A Resolution, allowing J. L. Power, Secretary of this 
Convention, live days extra time, to complete the dnti-es 
a-ssigned him, adopted to-day. 
:>. — A Resolution, to appoint Commissioners to confer with 
the authorities of the United States, in relation to levees 
on the Mississippi River ; adopted to-day. 
4. — A Resolution^ that this Convention adjourn to-day, at 2 

o'clock, P. M.; adopted to-day. 
5. — A Resolution, to authorize the I^egislature to pay Com- 
mittee on revison of the statutes of the State ; adopted 
•to-dav. 



(;.— A ResolutioD, appointing Hon. Win. Yerger, A. R. Joha- 
ston and Geo. L. Potter, a Special Committee on enroll- 
ment of tJie Constitntion and Ordinimees, with duties 
annexed, to act after tlir adjournment of this Convention, 
adopted to-day. 

The hour for adjournment having arrived, tJie President, 
floN. J. S. Yekger, said : — 

Gentlemen^ Delegates of the Convention : — The hour which 
you have designated as the proper period for adjournment ha.ji 
arrived. I woul :1 be faithless, gentlemen, to tbe emotion of 
my heart, if, after the courtesy you have shown to me, I could 
permit a separation, without expressing to you, the gratifica- 
tion I feel for the kind resolution, thanking me, for what you 
are pleased to style, the able and impartial discharge of the 
duties, which in jour generous confidence, you devolved upon 
me, by selecting me, to preside over your deliberations. 

I thank you, gentlemen, that acting under the impulse of 
that generositj^ and forbearance which has marked your iiiter- 
course with each other, on this floor, you have spread the 
mantle of your charity over the many faults and mistakes, 
that my inexperience caused me to commit. That I have 
been impartial and fair to all, I believe to be true — at least, 
such I intended to be ; and I am gratified that you express the 
conviction of 3'our minds, that such was the result of my con- 
ductj'as presiding officer. Should it be my lot, in the future, 
to again be called to preside over the deliberations of a public 
assembly ; sustained bj' your expressed encouragement^ I will 
struggle to merit the Ingh estimation, Mhich your partiality 
has placed upon me. 

There has been no assemblage in the State of Mississippi, 
more distinguished for its urbanity', for its intelligence, for its 
patriotism, and for its singleness of purpose, to act for the 
public good, and prosperit}" of the State, than this Conven- 
tion. No heated partizan feeling has been exhibited ; no iin- 
l>ecoming recurrence to past differences of opinion, has been 
permitted to enter into the discussions and deliberations of 
this body ; but we have met together in a spirit of harmony 
and forbearance — as I believe and trust in God, this great 
people will again come together, and all together, as brothers 
of a common land, and children of our common inheritance ; 
with a determined purpose to cherish to the last day of our 
generation, and hand down to our children, to protect and 
cherish, forever and forever, this great form of public lihertj 
— the Constitution and Union of these States. 
.^It has been my fortune, gentlemen, to occupy a seat on thi« 
floor, in strange times, and during startling history in Mig- 
aissippi. I was here when Mississippi was covered with de»o- 
iatory^ consequences of commercial disa.st-er, and of commer- 



276 PKOCEEDTXr.'S A5CD DEBATES IN THE 

rial ruin; saeh as this coimtry had not before, and Jias* not 
tinee witnessed. I beheld the people of Mississippi, with 
manly courage, ixnd upriolit fortitude, bear themselves finrily 
and erect against the losses and destruction of that great com- 
mercial disaster. In the whole history of it ; in the midst of 
the wreck of their fortunes and their liopes — in the view of 
tJiose horrors, and the destitution to which many of their 
fiimilies were brought, t have seen that spirit of acquiescence 
Xo the sa})remacy of the law; that spirit, which every man 
competent to perform the duties of a freeman, always feels, to 
how in submission to the judgments and mandates of the law., 
exliibited by a Avhole people, tliat no instance of resistance 
in the whole history of that desolated, pecuniary scourge, 
ever marked or stained the i^age of \iMississippi history. 

I feel and believe from the tone and bearing of the dele- 
gates in this Convention, coming as thf^y do directly represeu- 
tipg and reflecting the feelings and views of their constituency, 
that the people of Mississippi : witli the same manly courage : 
with the same fortitude tiiat enabled tliem, with becoming pa- 
tience to meet the pecuniary disastei- of tfiat day, will meet 
and repair the ruins and desolation that has swept over their 
land in the track of war, bliglitiug their homes, and devasta- 
ting tluMr lields. 

It is by the eucOuragemeiit of this feeUiig — and uijou your 
return home, by stimulating your people to emulate the feel- 
ing of kindness, courtesy and harmony, that have been exhiV)- 
ited here, towards their brethren of the other States of this 
Union ; and hy the persuasive argument that it is a nianly 
duty to bow to the necessity of the situation, and to meet 
every fall of onr fortunes with courage and coufideiu^e; tliat 
tlie restoration of this State to its rightful position in the 
Union ; to its former prosperity ; and our homes to the com- 
tbrts and enjoyments, we have lost in the ])ast, imiy be hoped 
for in the future. 

I was here, gentlemei), to witness the State of Mississippi, 
in the hour of delusion of her ))eople, lay her hand to the 
destruction of the fabric of the Constitution and the Union 
of these States. I was a mem])er of that Convention ; I raised 
my voice against wliat I believe to be sacrih'gious wrong. It 
was in vain ; I ])Owed my head in sorrovf ; in anguish, I ])eheld 
the purpose declare<i by m}' States to destroy the inheritance 
that I had received from my fatlier ; and that I had endeavored 
to cherish, and transmit to the hands of my children. I could 
but bow my head and wee]) <jver the appaling ruin that was 
spread before me, threatening to overwliebn the State. 

I have again met the representatives of the sovereignty of 
the people of Mississippi, in this Convention ; come together, 
that they may, if possible, restore Mississippi to her proper 



MISSISSIPPI CONSTrfUllONAl. t'X^N'VKN'nON. '27 i 

and constitutional relations with the United States, and aid 
ill the restoration of that beautiful form of government that 
they had imperilled — that great government, whose protect- 
ing inSuence wa,s as a shield over this whole land, and under 
whose kindly rule we had been protected in peace, prosperity, 
and happiness. God grant, gentlemen, that your delibera- 
tions and example may aid in the consiunmation of this re- 
sult. 

In my conscience, I do believe that such will be their iiillii- 
ence. and that you may return to your constituency with the 
comforting conviction and consciousness, that you have done 
much, to restore not only peace, but peace with harmony and 
prosperit}^ as extended as this republic. 

Again, gentlemen, allow me to thank you for 3 our kindness 
and forbearance, and assure yoii, that when we separate, if 
we should not meet again, my spirit will always go forth in 
anxious interest to meet every one of you in your desire, and 
exertion everywhere, in every place, that you may be uphold- 
ing the Union of these States, and maintaining our rights, 
under the Constitution, founded on, and secured by that Union. 

I thank 3^ou. I m,ay forget your faces — I may not meet 
yon again — but go where I may, there will always be with 
me the recollection of this day. 

We now stand adjourned, to meet again under the order of 
the President of the Convention, if. in his opinion, a necessity 
should a.rise for re-convening you. 

I trust, that it may never become necessary that I should 
issue that order. 

This Convention stands adiourned. 

(Signed) ' J. S. YERGER, l^resident. 

J. L. Power. Secretary-. 



[NoTjts.] — Wherever in the foregoing proceedings the names 
of Messrs. Owens and Owen occur, it -should be Owen of 
Tiinicii, and Owons of Scott.] 



o 



r^ 



tl^ 


E5 


^— ( 


O 


.t- 


CJ 


p:i 




-< 




^ 




& 




PQ 




^ 




^ 











;r3 Jh cj 



5 S rt ^ -5 So, « 





4J 
'o 




s 






to OD O 


Q 


■;4 "S -T^ 










ill 






o 


fcoo^^ 


-^3 
CO 



a a 

C3 ci 



^ "-; ^-r C"" '"'^ "^ i*-4 I—* '^ c;i 
^ ^ • . . ^'T . . 

.a 



c3 o "^ 

t> tL O 



• PS 

OJ Sh O O S <D 
^H r-J »^ ?► fc? S 

c5 43 ^ OS c3 c3 
!^^ (Z? Ph 1-^ h^ pC4 



^6 § 



<^ ?2 d 



O) o cj .;5 o (D ai ---^ .3 . 
-^l-^-&l>_^ H O S > ^25 



O CD :^ .S CO a 

O I f^ O rj-g 
• r-4 (y cy Qj ^ 



. -r-t 



AGE. 



bo 



S: : ;:;:=5 



:=: : <^ ^ 



o o o 

O O 03 

o o .S 

•^ -^ ^ 

P! S3 ^ 



?3 d ^ 



■ c3 
O cJ 






^ " ^ 5^ 

■ ro 

-bo 

• PJ 



OOOQ 



W^^^ 



07; g<:<<< 



o o 



.^ J ^ o g 



■ Pm 

111 



10 CX) CD '^^ 
^O -^ 'r+* CD 



^SW 



c- 00 o 

Sq -^i< CD 



to 10 >o cq t— 

LO lO (M CO -^tj* 



10 Oi t>- 

co CO cq 



o 



c/3 ^ 



^ 2 

I" 



Hr3 






^ >^ r* ^ S -a 







^ pq pq S S S p fS ^ pq 5 c5 O u O c5 (5 





■+-3 




fe 




O 




fcoS 




•::3 <^ 




r^Q ^ 






•4-^ 


y^ ^ -^ 


CS 




f-t 


^ O ;> 


o 


-^ -p;^ ^ 


S3 - .. 




0^ 





.2 o bo o 

« g g '^' s ::5 o § ,f : 



o 
o 






P- .^ 






CO i 



CS o « 






oo 



o o 



S P b b a S '55 r? 

fH I-* {5- p- ;_, ;ih »-^* (^ 
c5 c3 g3 cS rt ^ cS 



f-i ;:- (0) 

f= d g 



u t-, 



o 
O 






• 44 o § ^ -3. ; g : U : " S 

<!i >?i H <^ r^ -^ r^i !?-. b. 'S:! r^, <-rl ^ h^ rr; rh rh b.- ^ c_: 



c2 .^ ■ cs 



3 .S ^"p .2 ^ .^ .g 






• C3 
02 P 

go 



,2 55 



Hco{> J?; 



2 is 

Si ^ 



;-* O ?-t 
G CO ^ 






o 






o 

*-* iri 

k 3 ^ t: 



o i^ 2 

c5 CD rt 



<1> 

goo 

- S g g 



o 
o 






OS 



^ Q °> "P' ^ ^ '^ ^ 

fq ^^ K ©Q O ?x, 0^ [^ 



^ f:j O .: r::^ 



w 



^ 



a^i o 

d if 'o S 






o 



,- o ^ 



Jn • >> 



tUD 



SO ^ 
53 g S § 



iU} 



to 10 
CO CO 



O '^ CO 1.0 
LO -rti 10 kO 



-^d^ -^ CO 

■^ to -!:t< 



OOiOCOCO>OOOCO'<^ 
•^Tf<-^iO»-OCOkOCQ 



^ K_, ."^ '^ 






^ -o 

o cs o) 1:3 
o*^rh ^ 

o r3 2 g 



S ci5" f3 

c3 O O 



H.S 



lis 



^ o 

a ^ 

c5 <S 

WW 



a c3 © 

a ^.ra 



«> o ^ ,^ 

vi^ •♦-' O 1 -T 

fl ^ ffi to 

O O ;3 S3 






•S o 5" a a 
§ ^ a a « 

d o o o o 
>-r t-^ »-:> *^ >-s 






3 



c3 O 



CUD -rl 



^-; be 



I 






"f-< ^-> '"^ r^ r-" 



o.Sf^ 



1^ 

IS s 



CI 






AGE. 






CJ 






rt 






C3 












PW K^ fX" 



o ^ ^ .S -g g 



-"-- ^-j ^^ f-i ^^ 
^ rt fl o rt 
o a> o o 



cu a> >.■ o O) 

i^j ^j O QJ 1^ 2^ '^^ 

ro 03 O r» cc 

oj cu 1:3 a> O) 

CI p! Pf PJ j:| 

g.) a) o cu cj 



'OB 



(A';^\AO\A<h^h^'^h^'^>>, 






^ 



^ O o ^ ->i 

--1 Ph O H^ H ^ 



P ^i ^ cc 



Oj 



CO 



rj j:^ c^ c^ O Q +5 '::j 



■ '-^ o cr 
Q^ &"> o .::i 



^ o 
O CO 



O 



M 



^^ -P. ■- ^ n ^^ H Q g o -Et •; 



•J' f-i .i-> ^-j '^•- -j-j I-.' '-^ 'i '";^^ -i-j G.' \w •-^ '•^ j:::^ tr* t~^ ri m <^ 
o-i -^1 ,^ ,S :S c^ --5 ^^ r- }' ^ o o ^ T5 g ^- § o 5 
pr^ H P4i^q G^i A^ (^i c^> O i> ^5 O (:L( K ,CL< O O P Ph ^ <l 



C-^ O CO to CTD CO 
»0 t-- >-0 >0 CO *-Q 



-ri< G^5 G-.J SO C^ CO O CO lO ir- CO CO rH 
CO ltd -^1 40 CD '^■ii CO C-O S.O ^ CO -tt o 



f-r^ ■ W ■ , ■ • ; "^ rj .2 >-5 : * : o , ■ ■ 

o ;^ • ^. • ^ o ■ "^ § i a \^ T^ p :74 -5 p^ p. ■ .2 
>^ s • a ps^ -^ -fj • >^ 2 -s E^ s a ^ 3 s .- Q^ • ^ 



CL 



5 ^ 













at:^<^Qc/5?:/}»^HH>^ 


td >-, p; H K ?« :^. p^. IS p H > > H r^. > ^ 










^, O ^ s o 


Pike 

Winston . . 
Tishomingo 
Tishomingo 
Lauderdale 


Attala .... 
De Soto . . . 
Holmes . . . 
Itawamba . 
Tippah . . . 
Leake .... 
Coahoma . . 
Hancock . . 
Copiah 
Warren . 
DeSoto . . 
Marshall . . 
Chickasa^^- 
Issaquenn . 
Marshall . . 
Marshall . . 
Frank! n . . 




^ • ■ r£ . ■ 00 OQ - 

• ■ a ■ • ■ • b/D rt '^ bfj crj^ 

■ CJ .^i ^ .-, • . r-l 4^ ^ d '-' Z- 

c ^ :- • c d. o -^ ^ cc ^. -S -^ '-^ -S -S O 

^ ,^ C j^ p O C^ :^ ^ p •- ^ U ^ S. Sh T' 

S g bC 2 -^- ^ ^/: S^ ^ B % '-^ ^ - '-■*^' ^' ^. 
M a ,q o-' ^ O ^ O K I- -x. ,^ CQ <53 y W ^ 


vO GSl rH CN iO 
iO CO CO to -rH 


lO t- )-0 Oi o 

O CO ^ ^ ^: 


CO cc oo I'X- ->'::> -Ii .-O Cj ■^•1 :— C:; ' ! r-i c:C) o t>- O 
irj ^.O ^rJ CO -O O :r:i ^^ti >:0 >CO -+! C? UT -rj< ijrs iO iO 
























>^ 


■ ;::: ;;Z. '::;;;;;; ^ ■ ; 







n3 
© 

ri 

'-0 
,-1 

O 

O 



P 

W 

^ 



; AGE. 



r^ 


■x? *- 












2 >^ 


^ Cl: 


o C 












Q B 




















X o 










'cL 


&Q 


';2 «-" 


oS 






"b. 




:^ 


IH 


o .'::^ 








^ 




r^ 


a.2i 






.'B^ 


Q 

















ij _o a> o 1) (D o 
r"/5; ^ 'x '.5 g >i 

rt _q ^ ^ j:; c c: 
i— J P-,' P-, !2^ P-t &L( I— ; 



^ ^ ^ -3 o o J 

a; o ^ s J:: p o 

o c;i 9 ■!; o 

H H h^ b:i CO cc H 



I I J oU 
"S "S 5 o •? £ 

a^__ Ph .X k Pm 5^ 



~ y 5 3 -S 'x 
f-^ r-'' r-% ■/:' C' r-; 



> a ^, 



^ § c 



^ ^ CA- 



O >-- jH o p:: CL, PU 



.q ^ .^ 
!I^ O H 






O .'7:3 ==3 



o p 

♦-^ C ce 

;£ o ;- 

;:: N ci b =^ 



3 rt 






a>-^ oa hj o ^ 



C^ C<1 (^J L— lO O C5 

J^ CO O CO CO lO -rf^ 



P S ^, c 
o a. c? o 

'.•0 ?-. O cc 
^ o ^ ^- .J 

rH CO -rt* t^ O -:*< kO CO I--' 
COj^ rN_0 lO^i 



on ^oJ ^ 



CO I:- li 



ti! . h-i . PP ^^ 

-E 8 ^ s § 

'^ i£ « o o P3 fcJD o 






3 C5 O ;^ ^ «w 

I P^ ^^'^:» G '^, 



^ 
-.i:^'^ 



S '^ PP Q ;^ ^ H 

H-(rOLOOgO;r!6«,' 
. O , . t-^ O* o S hCJ '^ 



^ !=1 a3 O) ta <D ^ ^, 

g " § 55 S .ii ^ cj 

^ >■ PntH on t-' c-^ o 

o o 



o _ 

^ ^ .' 



o T-. 



o ^ 






-fe^Sd 



Co ^ 



CD 






, O 



.2 o 






bij s 



CJO 



r? . fcic 



^ o 



- .2 ^ -^ 



^ >^.3;::^..2^c. 



•3 cfe- 



CO O 



■7:3 a> 






5 ^ 



CD 



6 ^ )!^ :; c; 



-73 c; 






^ ^ ^ .3 ^ > •". £ 

g ^^T. ^ ^ r9 D ^ 

o -F 



2 'S § ^^ fl 



g S -^ ? -J '-' -S -? 



^ .^^ cr 



cy 



'^ '^ ^ 
o ^ Pi 
o o 



O r-. 



CO 



> "^ 

ii 

c ^ 
■;_( CO 






o ^ - I 



SO 



X 



^' o 

- ^ ^ i k5 

•' .^. bo cS ;_ 



i^.: ^ 



^"^ ti}-2 S C5 d 



d X 
o 

d CD 

o 



d ^ 



1 O O d 
w CO ^ O 



''^ ;2^ 



.^ ^ -< d , '— ■ ^^ 

o d uli ;^ '^ '^ t-t ^ 



„ as ^ -s -. -a 5 « --s § ".^ ^, § = -s 



Cj _LJ O 



O 






03 d jn ^ --? ! 

O .d '1' 33 ri •' 



r^ O) 



•'• ?^ ag E^ g <^ ^ J -g 

^§cD^c5d^=^Hd^ 



^ ^ M d /, 2 



d c: 
d >, 



5^ 









:0 H;3 -^ 

d ^'-« 

d ?^ o 

a cs ^ 

5^ d 



^ a, 



., o ^ 
r" d o 

d 0:5 c: 



^ 2 c 



d 



d '^ o o 



d <: ^ 

^ d •" 
do? 

^ S > 



2 oo bJD ^ 

^5 '-.S d^ 

M " '^ o en c^ .^ ^ *d o 
ErH ^^^ . ^ d d 



a d cc ^ ^ 



^ o 



in 
CD O 



^'^^ Odd 

^ 5P CD wD , ^ r^ 

o'rO J/3 "S T-'. 'j:} 
19 



>^ O CO ^ . . 



ii 

O .. d 









^r-, d C3 



CD ^ . — V- ^ 

^ ?7, .S rTr^ -^ ^ ^ P ^ ^ '^ 



be 

rj ?2 33 
K ^ O 



d 






a Q^ 



O H 



2 «cc 
- to 



INDEX. 



AB8EKCK— leave of, orauted Mr. Strickliii 24 

" " " - Mr. McBride 71 

Mr. Sessions 108 

Mr. Re^^lolds 174 

ADAMS, (xEN. WIRT— invited to a seat 28 

APPROPRIATIONS— Ordinance making certaiu 271 

EARR, H. A. — Siibstitnte by for second'section of Ma- 
jority Report on StiTte Constitution 44 

'• Remarks on same 46 

'' Ordinance of Secession . . .182, 200 
]\Iotion to lay Ordinance on table for re-in- 
statement of Thos. Palmer to citizenship. . . 271 

Amendments by to Constitution 254 

. -' ]\Iotion to lay on table substitute for Ordi- 
nance legalizino- certain enactments 2B5 

Motion to reconsider vote adopting proviso 

to said Ordinance 237 

Amendment to Harrison's substitnte- for sec. 

3, of said ordinance 241 

Remarks on same 241 

BRANDON, WM. L.— Qualified as Delegate 22 

BROWN, WM. J.— Elected Door-keeper 13 

" • '• Resolution of thanks to 273 

BROWN. R. M.— Remarks on sec. 2, of Majority report 

on vState Constitution 102 

Amendment to Goode's substitute for Major- 
ity report on Ordinance of Secession 179 

Remarks on Ordinance of Secession 195 

•'• " rebuilding Mississippi river levees. 269 

•' ' '• jurisdiction, of Justices of the 

Peace 251 

Resolution to grant Secretary extra time to 

complete his duties , . 272 

BCRNHAM c\c BARTLETT.— Resolution to employ as 

short-hand reporters 16, 25 

Resolution to grant extra compensation to. . .271 

CIHAPLAINS— Resolution of thanks to 273 

CLARKE. Ex. Gov. Chas. — Resolution to memorialize in 

behalf of 37 



280 FNDEX. 

COMMITTEE— on ordinances and laws 21 

on State Constitution 20 

resolution to employ shortdiand re- 

l)orters.- ■. 28 

'• report of on Probate Courts 29 

on Enrolled Oi-dinances and Constitutional 

amendments 127 

on pay of oilieers and members . . . , 177 

'• on Printing 273 

" on Memorializir.o- relative to levees ...... .273 

on Revision of Statutes 247 

COMFrON, W. M.— Resolution by 177 

• '' Ordinance by makino- appropriations 271 

'' Resolution bv 273 

COOPER, RICHARD— Minority Report on Ordinance 

of Secession 38 

'• Motion to layBarr's substitute on table 53 

'^ " amend section 2 of Majority report,164 

Amendment to Election Ordinance 172 

Resolution b}^ 26(> 

Ordinance to reinstate Thos. Palmer to citi- 
zenship, and, remarks on 270 

" Motion to table Harrisons amendment to le- 
galizing' ordinance 237 

" Motion to table Harrison's substitute for 

sec 2 240 

COKSTITUTION— Resolution to print 16 

'' ('ommittee appointed to inqnire what changes 

necessary in 16, 20 

" Report of Conmiittee on 29 

" Amendment to strike out certain sections 43 

^' •' suspend sec. 25. art. 3. . , 253 

'^ '■ relative to High Court 254 

'" Ordinance to amend in reference to Probate 

Courts 248 

CONVENTION — Resolution in reference to adjournment. 372 
COURTS OF EQUITY— Ordinance in relation to. .122, 250 
CRAWFORD. T. G— Remarks of on Hudson's substi- 
tute .' 122 

"■ Remarks of on Election Ordinance 169 

'' w; .i Memorial in behalf of Jeffer- 

son Davis and Chas. Clark. .257 

CRUM, W. A.— Qualified as member 22 

CUMMINGS, M. C— Qualified as member 22 

DAVIS, L. L.—Qualified as member 16 

DAVIS, JEFFERSON— Memorial in behalf of 37 

DELEG-ATES— List of 9 

'' Tabular View of , . 278 



DECLARATION OF EiaHTS— Report proposing to 

amend 30, 165 

DISABILITY— Ordinance to prohibit in certain cases. . . .28 

DOORKEEPER— Election of 13 

Resolution of thanks to . .273 

DUNCAN, WIM. L.— Resolution by .22 

Remarks on extending jurisdic- 
tion of Justices of the Peace. . .250 

ELECTION— Ordinance in relation to 30, 166 

FISHER, HON. E. S —Invited to a seat ............. 28 

(tOODE, E. J. — Minority Report bv on Ordinance of 

Secession ". 38, 179, 220 

•' Remarks on same 211, 212 

(tOWAN, T. R.— Qualified as member . . '. ,15 

" Remarks on Hudson's Substitute 122 

(iRIFFIN, WM.— Qualified as member 16 

GULLY, H J — - - - .15 

HALL, A. IL— Amendment by to Barr^s Substitute . .53 

'- Remarks on Secession 205 

HANDY, A. H.— Invited to a seat 39 

'• Declines appointment on Committee to revise 

the St.atutes 266 

HARRISON, J. T.— Report by on Constitution 29 

'' '• -' •' proposing to amend De- 

claration of Rights . . . 165 
•• Amendments by to Election Ordinance. .172, 173 
Remarks on ' ^- — ' .170,171 

^' Secession Ordinance . 196 

Amendment to Trotters Substitute 176 

Remarks on Ordinance legalizing legislative 

enactments ... 235, 236 

Substitute therefor .' .236 

Remarks in reference to distilleries. . .238 

Substitute by for 3d section of legalizing 

Ordinance 240 

•• Substitute by for 2d section ; 240 

Remarks on same 242 

'-■ Motion to table Jarnagin s amendment 245 

Substitute for 9th section 246 

^- Remarks in reference to jurisdiction of Jus- 
tices of the Peace .:....;..... 250 

HEARD, JAS. A —Qualified as member 15 

HIGH COURT — C'Onstitution to be amended in refer- 
ence to 254 

HOUSTON. L. E. — Remarks in reference to short-hand 

reporters :..;...... 27 

Remarks on ordinance relative to secession. .206 
Remarks on report of Committee on Ordi- 
nances and laws 258 



28S 



INDEX. 



HOUSTOIS', L. E.-Eoso1nti()ii hy 2r)t^ 

'" Eemarks on and timendment to Hamson's 
substitute for sec. :>, of legalizing Ordi- 
nance 24-4 

HOLDER, HON. ^y. D.— invited to a seat 21 

"HUDSON, R. S. — Ordinance hy for j^unislnnent of certain 

crimes. '2-y 

Oj'diiiance hy to ratity cei'tain pi'oceedings in 

Pro])ate Oourts . . . .' ' 2^ 

Ordinance by to i)roliibit Legislature from 

imposing disability in certain cases 'J.s 

Resolution to declare certain Courts revived . . .?)'■> 
memoralize President in behalf 

of JetfersonDavisand Chas. Clark 'Ml 

Remarks on same 41 

second section of Majoiity i-e- 

port on State Constitution 72 

Substitute for second section 71 

Amendment to pjlection Ordinance 16(> 

Remarks in relation to same 167 

ordinance of secession. 195 
Appoiuted to lill vacancy in committee to ro- 

vise the statutes 2H(> 

Amendment to adjom'umeut resolution ..... .272 

Resolution of tlianks to Chaplains 27:> 

Remarks on ordinance for punishment of cer- 
tain crimes 259, 2()4 

Remarks in relation to indebtedness of State . 2<)5 
Resolution in reference to salaries of Public 

Officers 254 

Ordinance 1)y 2;->2 

.Amendment to lirst section legalizing ordin- 
ance . ; 237 

Remarks on [)roviso in reference to distilleries. 237 
Harrison's substitute for sec. 3. .243 
JARNAGIN, H. L.— Resolutiou b}' instructing Sergeant- 

at-Arms to furnish 32 

Resolution by in reference to negro garrisons . 2:> 

Remarlvs on Hudson's substitute 109 

'■ Barr s substitute 45 

Amendment to Harrison's substitute, and re- 
marks on same 230 

Amendment to Yergers proviso. . 238 

Remarks on Harrison's su))stitute for section 

three 243, 245 

Amendment to same 245 

Substitute for section two, 3iajority report 
on State Constitution 54 



INDEX. 289 

JOHNSTON, OF HINDS.— Report as Chairman of Com- 
mittee on Ordinances and Laws 33 

" Eemarks on resolution to memorialize 
President in behalf of Jefferson Davis and 

Charles Clark 40 

" Eemarks on second section of Report on 

State Constitution 85 

'• Amendment for second section of Report on 

Ordinance of Secession 181 

^' Remarks on same 182 

'' Report on ordinance for punishment of cer- 

tian crimes 2oJ^ 

'• Remarks on same 260 

'' Appointed on special enrollment committee. .26(3 
" Remarks on exteadhig jurisdiction of Justi- 
ces of Peace 251 

" Resolution to allow pages extra compensation. 271 

'^ Remarks on Secession 218 

'■ '^ Wiers amendment 222,223 

JOHNSON, OF SMITH— Substitute for second section 

Majority report 53 

" Notice to reconsider a vote. . . . ■ ■ • • 109 

Amendnent to election ordinance 172 

" Remarks on second section of ordinance re- 
lative to secession 191 

Remarks on extending jurisdiction of Justi- 
ces of Peace 251 

" Renuirks on ratitication of amended Consti- 
tution 225 

Remarks of on amendment legalizing ordin- 
ance 211 

JOHNSON, OF MARSHALL— Ordinance in relation to 

secession 33 

'' Resolution to provide for colonization .217 

Remarks of on ordinances relative to secesion. 198 

JONES, L.— Qualified as member 21 

JUSTICES OF PEACE— Resolution to extend jurisdic- 
tion of 22 

'' Report adverse to extending jurisdiction 12 

LEGISLATURE — May dispense witii inquest by grand 

jury 166 

(Compensation of members may be increased. 253 

Ordinance to legalize enactments of 36 

" Consideration of same resum.ed 231 

MALONE, J. F. — Resohitionby of thanks to President oi' 

Convention 232 

MARSHALL, T. A.— Qualified as numil)er 21 

^' • Amendment to section two of Majority re- 
port on Constitution 161 



290 iKiTo:.. 

MABSHALL, T A. — Motion to strike- out Terger's 

proviso to Jolinsoifs amendment 181 

'" Remarks on inotioii to strick out same , . .223 

^' Kemarks on second section 226 

Substitute for ordinance legalizinp: legislative 

enactments ... 234 

Remarks in reference to 235 

aiAETHNJ. OF ADAMS— Resolution inciting (len. Oster- 

haus to a scat 25 

'• Itemarks concerning short-hand reporters . . . . 25 
'' " on Resolution to memoralize Presi- 
dent 41 

'■ " on Hudson's substitute 140 

on Election 169 

Substitute for Minority report by Trotter . . . . 174 
Remarks on jurisdiction of Justices of Peace 252 
'' " on Hudson's ordinance ibr punish- 
ment of certain crimes 262 

'^ Remarks on reljuilding of levees 268 

'' '' in reference to extra coni]>ensation 

of short-hand reporters 271 

" jtemarks on ordinance to legali/.e act of Leg- 
islature 235 

IMARRIAGES— To be legalized 246 

MATTHEWS, SAMUEL— Resoluti(m to ascertain num- 
ber of legal votes cast nt election forCon- 

tion \ . . 31 

Remarks on Secession 209 

Motion to lay substitute on table 219 

MAURY, J. H. — Amendment to election ordinance 173 

" Remarks on rebuilding of levees . . , 269 

MEMORIAL — In reference to Jefferson Davis and Chas. 

Clarke 39, 256 

'•' From Board Police Madison Countr 233 

McBRIDE,WM.— Memorial presented by ' .233 

''• Leave of absence granted to . . 71 

" vSubstitute for section second of Majority re- 
port on State Constitution 180 

McMACKlN, T. C— Elected Sergeant-at-Arms 12 

'' Resolution of thanks to 273 

MORPHTS. J. L. — Remarkson jurisdiction of Justices of 

Peace ., 252 

'■' Motion to lay Watson's amendment on. table. 239 
NILES, JASON — Remarks on ordinance of se<^ession . . . .211 

OATH OF OFFICE— Administered to members 14 

OFFICAL ACTS— Ordinance to ratify 23 

ORDINANCE — To repeal and abrogate secession ordinc'e.l6 
" To provide for punishment ot certain criiD.es. 23 



ORDINANCE — To prohiliit Lcgisiature from imposing 

disability in certtun cases 28 

To provide for general and special election . 30 

To declare certain Courts revived 32 

In relation to secession 33 

To legalize legislative enactments 30, 239 

In relation to elections ; 166 

Suspending sec. 25 art, 3 of Constitution 253 

Making certain appropriations. 271 

In relation to indebtedness of tlie State 265 

•' '• '* Special courts of equify 250 

T(j reduce penalty of official l)ond of certain 

oflicers in Hancock county 248 

In reference to seat of government 232 

ORDINANCES ANT) LAWS— Committee appointed to 

consider 21 

Report of committee on enrollment 33 

ORE, HON. J. A— Invited to a seat. 21 

OSTERHAUS, GEN. P. J.— Invited to a seat. 25 

" Commimication iToni .43 

PAGES— Appointment of 13 

'' Extra compensation to 271 

PAY— Of officers and members 177, 233 

'' Report of committee on 271 

PEYTON, E. G.~Remarks of on secession 204 

'■ Ordina,nce b}^ in reference to probate courts . . 248 
POTTER, GEO. L.— Substitute for second section of Islu.- 

jority report on State Constitution. 55 

•' Remarks on same 56 

*• Hudson's substitute 128 

Amendment to election ordinance . 170 

Remarks on same 171 

Amendment to sec. 1, of ordinance of seces'n . 180 

Memorial presented by 255 

Remarks on same 257 

Appointed on special committ<^e of enrol- 
ment 266 

" Remarks on rebuilding levees 268 

Amendment to substitute bv Harrison 237 

POWER, J. L.— Elected Secretary. . . . .* 11 

-' Resolution of thanks to 272 

Granted additional time to complete bis duties. 272 

PROCLAMATION— Of Gov. Sharkey caUing Convention 3 

PROBATE COURTS— Report, of Committee in relation to.29 

" '• Resolution in reference to. . . .21, 248 

PRINTER— Election of. 18 to 20 

PRINTING—Peport of committee on 273 

'• Of journals, constituticui and ordiuanccB. .272 



392 INDEX. 

BESOLUTION — Iiivitino' Clei'^y to open sessions with 

prater i:> 

" Adopting rules for ( 'onveiition i:> 

" To appoint Committee to draft Constitution- 
al Amendments 14 

" I'o notify Gov. Sharkey of organization 15 

" To declare valid rights acquired or obliga- 

jncurred since secession 17 

" To rei'er proposed Constitutional amend- 
nu^nts and ordiuances to appropriate com- 
mittees 17 

" Inviting Messrs. On- and Holder to seats 21 

" in reference to probate court law 21 

" Tomemoralize Presideut concerning negro 

gari'isons 2.'> 

" Inviting Gov. Sharkey to a seat in Convention. 24 

" •• Gen. Humphreys to a seat 25 

'* " Gen. Osterjiaus to a seat 25 

" To em[)loy sliort-hand reporters 25, 82 

"- Inviting Messrs. Fisher, Adams and Watts 

to seats 'l^^ 

" To print ordin:uices 2'.> 

" To ascertain numlKn- of legal votes cast Ill 

" Instructing Sergeant- at- Arms to furnish ice. . .32 

'' Inviting Hon. A. H. Handy to a seat . . .:}7 

" To meraoralize Pi'csident in beluilf of Jeffer- 
son Davis and Charles Clark 117 

*' Of instruction to Sergeant-at-Arms relative 

to mails ": 109 

" To appoint conunittee on enrollment 109 

" Ajipointing committee to consider pay of 

officers and members 177 

" Of thanks to President of Convention 27l> 

" •• " Sergeant-at-Arms 27l> 

" '■' •' Secretary 27l> 

" In reference to ladies memorial 257 

" In refer(4ice to salaries of ])ublic officers. . . .254 
" To re-submit ordinance for ]>unishment of 

eertaiu crimes to eonnnittee 259 

*' In reference to revision of statutes 232 

" In reference to compensation of conunittee 

to revise the statutes 270 

" (xranting extra compensation to pages 271 

" In reference to ])rinting 272 

" Of thanks to Cliaplains 273 

" Granting Secretary additional time 272 

" Of thanks to President 233 

" In reference to enrollment of Constituition . .232 



RESOLUllOX— Aiithoriziug Pre>,ideiit to jiave writs of 

clectiou printed 24() 

'' lu reference to colonization 247 

RATIFICATION — Resolution to submit Constitutio]i 

and ordinances to people for 174 



Report of Committee adversely to 



'>9: 



" Consideration of ordinance in reference to 

resumed 238, 248 

REID, A — Qualified as meml)er 16 

REYNOLDS, A. E.— Qualified as member 1(> 

'* Remarks on secession 210 

" Calls up resolution in reference to Justices 

Peace _._ 250 

'• Leave of absence granted to 251 

REPORT— (Jf committee on Probate Courts 29 

" •• •• (m Constitutional Amendments. .2i> 

" •• •• <Hi Short-hand reporters 31 

" '' *' on Ordinances tmdlaws 88 



" Of minority committee, (Trotter) 86 

" Of committee on jurisdiction of Justices of 

Peace ' 42 

" Of committee on enrolled 

ordinances, 281, 247. 255, 258,274 

" Of committee on Printing 278 

" '* " on State Constitution 225 

" '• •• on pay of othcers and members. 288 

" '• •' on State Constitution in refer- 

ence to seat of government 240 
*' " ■• on State Constitution recom- 

mendino- change of section 

18ailicle4r 250 

SANDERS, E. H.— Resolution by 108 

" •• Ordinance bv 281 

SESSIONS, J. R— Granted leave of absence . .108 

Granted leave to have his name re- 
corded in affirmative on vote abol- 
ishing slavery 174 

SECESSION— Ordinance to repeal'by Trotter 16 

'■ Consideration, of resumed 174 

'* Ordinance in relation to 88 

SHARKEY, WM. L.— Proclamation by :J 

"' •' Invited to a seat 24 

Communication from 265 

SLAVERY — Report of committee proposing to abolisli ... 29 

Vote abolishing 164 

SLOVER, A.— Qualified as member 22 

SERGEANT-AT-ARMS— Instructions to 82, 109 

Communication from 127 



'294: iN-pisx. 

SIMOjN'TOTs\ J. M.— Re.-.oi'jt.ion by " .... .109 

Amendment to election ordinance 172 

Resolution in reference to ladies memorial 

and remarks on same. ■ .257 

- " Motion to re- consider vote . 266 

'* Amendment to Houston's amendment. 243 

Resolution in reference to writs of election. . 247 
8T0NE, W. A. — Remarks on ordinance relative to 

secession 202 

Remarks on Hudson's ordinance for 

punishment of certain crimes . 264 

8UB8TnTITK — By Johnson of Smith for second section 

Majority report ; 53 

'' Hy Jarnagin for same 54 

By Potter - 55 

By Hudson ' 71 

By Harrison for report t(; amend declaration 

''of rights 165 

By Martin for miiiority report on ordinance 

of secession : 174 

By Ycfger for minority ordinance. . : .178 

By Goode - - ' - 179 

By McBride for second section 180 

'' For ordinance legalizing legislative enact- 
ments. '. ;. . .234 

, - By Harrison 235 

TROTTER, J. M.— Ordinance to repeal secession ordin- 
ance and remarks on same 16, 174 

" Declaring valid certain rights and obligations . 17 
'■ Minority report on ordinance of secession. . . ,38 

VAGRANCY — Report of Committee to suppress 30 

WATSON, J. W. C.~Qualified as member .22 

'' Resolution, remarks and report concern- 
ing short-hand reporters 22, 25, 31, 271 

" Remarks on resolution to memorialize Pre 
sident in behalf of Jefferson Davis and 

Chas. Clarke 39, 258 

Remarks on second section .96 

'• Ordinance concerning compensation of mem- 
bers of Legislature , 271 

'• Remarks in reference to High Court .254 

'' on secession 208, 210 

Resolution by 232 

Remarks on substitute for ordinance legal- 
izing: leon^slative enactments 237 

^' Remarks on and affi.endment to Verger's 

proviso .238 

Remarks in reference to distilleries 239 



INy>KX. 



29i 



WATSON, J. W. C — Substitute for Houston's nmend- 
mei\t and remarks on Bamo 243, 

WATTS, HON. JOHN— Invited to seat 

WEST, HON. A.M. — Communication presented from. . 

WILSON, J. H. — Remarks on ordinance relative to 
secession . 



VVIEE, J AS. — Resolution to refer Constitution and Ordi- 
nances for ratification 

" Proviso to Yerger's resolution relative to 

levees 

" Amendment t(> section 2, of ordinance on 

secessioii 

" Amendment to ordinance on secession, and 

remarks on same 222, 

WOODWARD, J. T.— Qualified as member 

WYLIE, J, M.--- " " 

YEAS AND NAYS.—On Barfs substitute for section 2 
of Majority report on State Constitution . . 
On substitute of Johnson, of Smith, for 

s&me section 

On motion to table Potter's substitute for 

second section 

On adoption of second section 

On substitute by Martin, of Adams, for ]VIi- 
nority report by Trotter, on Ordinance of 

Secession 

On Yerger's substitute for Ordinance by 

Trotter ■ '. . 

On Trotter's Ordinance 

On adoption of first section of Majority Re- 
port on Ordinance of Secession 

On amendment by Johnston, of Hinds, for 

second section 

On Yerger's proviso to Johnston's amend- 
ment 

On motion to reconsider vote extending 

jurisdiction of Justices of the Peace 

On laying on table Yerger's substitute for 

Minority Ordinance on Secession 

On motion to strike out Johnston's proviso . . 
On Ordinance to ratify Constitution and Or- 
dinances ,' 

YERGER, E. M.— Elected Printer 

YERGER, WM,— Remarks on resolution to memorial - 
fize President in behalf of Jefferson Davis 

and Chas. Clarke 

" Reinarks on Barr's substitute for second sec . 
*' '' '^ Constitutional amendments to 
abolisb slavery 140 to 



2U 

.28 
248 

221 

174 

270 

18(1 

223 

.15 



o:f 



54 



.70 
164 



177 

178 
179 

180 

181 

181 

25a 

220 
224 

249 
.20 



.38 
.44 

164 



2m 



IXDKX. 



YERGEE, WM —Motion to lav Cooper's amendment oi\ 

table ' 164 

Remarks in relation to election ordinance . .163 
Substitute for Minority Report on Ordinance • 

of Secession 178 

Proviso to Johnston's amendment to sec. 2. .181 

Jlemarks on same 223 

Remarks on Ordinance relative to vSecession..l92 
Appointed on special enrollinu' com- 
mittee : r 263 

Remarks in i-eference to short-hand reporters. 271 
Resolution in refeience to enrollment of 

Constitution 2^i2 

Motion to lay Potter s amendment on table. .237 
Amendment to Harrison's snbstitnte foi* 

legalizing certain acts 237 

Txemarks on amendment to Harrison's sub- 
stitute for sec. ?>..... 242 

I^jR, J. S. — Elected President of Convention. ..... .10 

Resolution of thanks to 233 

Remarks at adjournment .275 



YEllG 



A P P EN D I X 



HON. J. 8. YERGER. of Wtishington ... President. 

J. L. PowEK, of Hinds Secretary. 

T. C. MoMakix 8ergea.nt-at-Ann3. 

Wm. J. r>i;owN Doorkeeper. 

pai^teturif, 18G5. 

HON. J. M. SI.AIONTON, of Itawamba ., President of Senate. 

i). P. PoiiTEK, of Hinds Secretary. 

T). M. Wilkinson, of Hinds Doorkeeper. 

HON. S. J. GHOLSON, of Monroe Speaker of House. 

Ro]JT. C. Millp:i{, of Clnrke Clerk. 

Henky Moode Doorkeeper. 

T. C. iMcMAKiN Sero-eant-at-Arm3= 

jtate mum. 

IVENl. (t. HUMPHREYS, of Suntlower. . .Governor. 

C A. BiiouGHEK, of Tippah Secretary of State. 

T. T. vSwANX, of Hinds Aiulil^ofPub Ac'ts, 

John H. Echols, of Hinds State Treasnrer. 

C. E. HooKEK, of Hinds Attorney General. 

James M. Kennakd, of Claiborne Adjutant General, 

James F. Maiijy, of Claiborjie Private Secretary. 

Marion Smith, of Hinds .Keeper of Ca|)itoL 

WM. L. SHARKEY, of Hinds Senator, (short term.) 

JAS. E. ALCORN, of Coalioran •• (long term.) 

J^'irst District A. E. Reynolds. 

Second District R. A. Pinson. 

Third District J. T. Harrison. 

Fourth District. A. M. West. 

Fifth District . . . E. G . Peyton. 



HIGH COURT OF ERRORS AND APPEALS. 

First District H. 'I\ Ellkt, 

Second ID istrkt A Yl. Handy. 

Third District NY. L. IIauris. 

DISTRICT JUDGES AN D ATTORNEYS. 

First District Judue J. M. Smylie. 

J. B. Pattox Atlorno>'. 

Second District Judge J. E. McNauj. 

G. S. McINIiLLAN Attoj'Dcy. 

Third District Jidg-e J. S. YEKOKJi. 

F. Valliaxt Attorney. 

Fourth District .Judge John Watts. 

A. Y. Hakpetj Attorney. 

Fifth District Judge J. A. P. CAiirnELL. 

S. S. Calhoun . Attorney. 

Sixth District Judge H. W. Footk. 

T. H. Woods .Attoiiiey. 

Seventh District Judge J. F. Twottek. 

G E. Hakkis Attorney. 

Eighth District Judge W. M. Han(;o('k. 

C A. Smith Attorney. 

Mnth District Judge W. H. KiLiMTiauK. 

J. A. Blahj Attorne3\ 

Tenth District Judge Wm. Cothrax. 

W. R. Barksdaek Attorney. 



JOURNAL 



OF THE 






IN THE 



CONSTITUTIONAL CONVENTION 



©P THE 



STATE OF MISSISSIPPI, 



AUGUST, 1S65 



BY ORDER OF THE CONVENTION: 



JACKSOK, MISS. : - 

E. M. YEKGER, STATE PRINTER 
1866. 






_,v^/V, 






S,'%^ 






.^ v\^ 



:^ q. 






^ .0^ 



•o. 






c^ 



.V^' 



^^^ ^ 
U. 






:^ -^ 



.V 



0^ 



%/. '^, 






^> -\^ 



\^ -^^ 



-r. 



.0^ ^^ 






* S 






..^^ 






.^^: 



.0^^ 






.0 . 






^ ^^0^077;^^ '^ .■ .x^' 



-^^ 






0^ .v^ 






M 0, 






'^<P <^^- 






I 



\^ 



l-^'- 



-oV^ 


t-0^ 


^0 '^_ 




' I :> ^ s ^ 


j'\. :-■■'. 






o\ 






4- <S^ 






,-^* 



I 



■ -J \ \ \V 



.^^- .' 



,^<^., 






L' 



-"•-o^ 












^' 






'%iiiy-^ 



'^. >^ 



-7^ 
"^^ 



;^ 



V>^ s 



'^^ ^-.^^^ 



